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(영문) 대전지방법원 서산지원 2013.11.21 2013고단514
업무상횡령
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From early 2010 to December 2012, the Defendant, as the secretary general of the D Labor Union, was managing and managing the union expenses as the victim, as the defendant, from the early 2010 Police Officer, to December 3, 2012.

1. The Defendant’s embezzlement of KRW 117,466,798 for the sake of the victim’s business, as seen above, terminated several separate accounts for the union expenses to simplify the union expenses’s savings account. On July 12, 2010, at around July 12, 2010, the union expenses of KRW 117,466,798 were terminated, and then withdrawn the union expenses from the national bank account (Account Number: E) in the name of the Defendant’s name, but did not deposit them into the union expenses and embezzled arbitrarily for consumption under the pretext of personal debt repayment, etc.

2. From January 201 to November 2012, the Defendant: (a) received monthly payments of KRW 80,000,000 and KRW 880,000 under the pretext of the value-added tax on the store operation expenses from D, a company from January 2010 to November 201, and kept in custody for the victim; (b) during the period from January 201 to November 2012, the Defendant used KRW 80,000 per month for the store operation; (c) used the store operation expenses for personal consumption around that time; (d) from October 2010 to December 2012, the Defendant embezzled KRW 3 months from January 201 to December 2012 without using KRW 80,000 per month from November 14, 2012 as a personal consumption and management expenses; and (e) embezzled the total amount of KRW 100,000 per month from around that time.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding F;

1. Each police statement concerning G;

1. A written complaint and a written confirmation;

1. The current status of deposits in the cooperative, details of use of funds for the cooperative, details of transfer of funds for the cooperative shop A, details of account transfer terminated, and the application of statutes on personal financial transactions;

1. Relevant Article 356 of the Criminal Act and Articles 355 (1) of the Criminal Act concerning the choice of criminal facts;

1. Of concurrent crimes, the former part of Article 37 and Article 38(1)2 of the Criminal Act are applicable;

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