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(영문) 제주지방법원 2020.11.24 2020고단2127
업무상횡령
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

From February 2018 to January 29, 2020, the Defendant, as the president of the Victim C Trade Union (representative D on behalf of the representative; hereinafter “victim’s Trade Union”) located in Jeju City B, engaged in the business of managing funds.

1. On November 5, 2019, the Defendant, at the victim’s labor union office, embezzled KRW 38,070,00,000, in total, including the use of KRW 5,250,00 for personal purposes around that time while he/she was in custody for the victim’s labor union in accordance with the operation rules of the victim’s labor union, as shown in the attached list of crimes, from around eight times until January 10, 202, as shown in the list of crimes committed in the attached Table, he/she arbitrarily embezzled KRW 38,070,00 for personal purposes, such as the congratulatory investigation expenses and the advance payment for the victim’s labor union.

2. On July 9, 2019, the Defendant received KRW 1,000,000 from the president of the “F” restaurant near the Victim’s Labor Relations Management Office in the name of support money to be used in preparing for a company establishment commemorative day, and embezzled by using it for personal purposes while on duty keeping for the victim’s labor.

3. On May 21, 2018, the Defendant received KRW 6,475,00 from the representative of HH travel company I as a support payment, and embezzled by using it for personal purposes while working for the victim’s assistance.

4. On August 7, 2018, the Defendant received KRW 6,000,00 from the representative of HH travel company I for support payments under the pretext of support payments and embezzled by arbitrarily using it for personal purposes while working for the victim’s union.

Summary of Evidence

1. Statement made by the defendant in this court;

1. Each statement of the suspect interrogation protocol against the defendant prepared by the police;

1. Each statement made by the police in relation to D's written statement;

1. Each description of a copy of the statements G and I prepared;

1. Statement in a complaint filed by four complainants, including C and Trade Unions;

1. Statement 1. Investigation Report on Police Preparation (Telecommunications with G).

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