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(영문) 울산지방법원 2013.05.09 2013고단256

업무상횡령등

Text

Defendant

A In 8 months of imprisonment, Defendant B shall be punished by a fine of KRW 700,00,000, and Defendant C and Defendant D shall be punished by a fine of KRW 5 million.

Reasons

Punishment of the crime

[2013 Highest 256]

1. The Defendants’ personal relationship and their previous convictions, from March 2009 to October 25, 2012, are those who work as the president of the G Merchant Association; Defendant B is those who work as the chairman of the order-setting of the G Merchant Association for the same period; Defendant C is those who worked as the financial director of the three major presidents of the said merchant Association; Defendant D is those who worked as the general director of the three major presidents of the said three major presidents of the said merchant Association; Defendant D is those who worked as the general director of the three major presidents of the said merchant Association; and Defendant D was sentenced by the Ulsan District Court on October 17, 2012 to be sentenced to the suspension of the execution for six months for violating the Road Traffic Act (unlicensed

2. On May 9, 201, the Defendant: (a) registered the process of the highest manager of H University management graduate schools; (b) used the status of the president of the G Merchant Association to use personal expenses required in the said process at will from the budget of the G Merchant Association; (c) embezzled KRW 400,000 of the G Merchant Association’s public funds at the office of the said merchant Association on May 2, 2011 by using it as the food expenses for the process of the highest manager of H University management graduate schools; and (d) embezzled it on May 9, 2011, by using KRW 50,000,000 in total, 17 times in total, as indicated in attached Table 1 of the G Merchant Association’s list of crimes, including embezzlement of KRW 50,000,000 for participation in the said process.

3. At around 11:00 on February 6, 2012, Defendant B broadcasted “The fact that the members of J, K, L, M, and N did not pay membership fees are in the market in order to maintain the market.” At around 11:00 on the following day, Defendant B broadcasted two times the broadcast “J, K, L, M, N, etc. are not members of the membership fee.” The broadcast was broadcast in the entire market of the O market through 300 markets.

However, the victim J, etc. has not paid merchant membership fees, but it is executed by the executive branch of the merchant's association, such as the defendant.

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