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(영문) 울산지방법원 2015.10.14 2014고단3961 (1)
업무상횡령
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

B From January 1, 2012 to February 4, 2013, at the Ulsan District Council of the Korea Plant Construction Workers' Union under the victim's Democratic Labor Union Federation of Korea, a person who is in charge of the duties of the head of the general affairs division from January 1, 2012 to February 4, 2013 and was in charge of managing the union funds of the above branches, and the defendant was living together with B.

B made a withdrawal of KRW 8,920,00,00 from the Agricultural Cooperative in the name of D each month, using cash withdrawal machines from the said account or using a large amount of text messages to purchase KRW 1,219,550,00 from the said account from the Defendant to January 2013, the Defendant used KRW 12,565,65,65,00 in total in the same manner as in the attached list of crimes, as well as from the day on which the Defendant used KRW 1,219,550, out of the above money as living expenses, from the day on which the Defendant used the money as living expenses, from January 2, 2013 to the day on which various events, assemblies, congratulationss, etc. are held.

Accordingly, the Defendant, in collusion with B, embezzled money equivalent to KRW 56,744,655 while keeping funds such as membership fees and operating expenses for the victim on duty.

Summary of Evidence

1. Protocol concerning the examination of suspect B by the prosecution;

1. Protocol concerning the suspect B of each police officer;

1. A protocol concerning the examination of partial police officers of the accused;

1. Statement of the police statement concerning F;

1. A complaint;

1. Application of Acts and subordinate statutes governing the reorganization of the amount of embezzlement on January 1, 2012

1. Articles 356, 355(1), and 30 (the defendant does not have the identity of a custodian in the line of duty) of the Criminal Act concerning facts constituting an offense, the proviso to Article 33 and Article 50 of the Criminal Act shall be subject to punishment stipulated in Article 35(1) of the Criminal Act.

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