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(영문) 인천지방법원 2014.10.16 2013고단3555
업무상횡령등
Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

"2013 Highest 3555"

1. Around March 1, 2000, the Defendant joined C Co., Ltd. (hereinafter “C”) and worked as the secretary of C Trade Union from March 1, 2005 to February 2, 2008. Around that time, the Defendant was elected as the head of the union and worked as the head of the union (hereinafter “the head of the association”) from March 1, 2008 to February 28, 201, and was working as the head of the association (hereinafter “the head of the association”) of the above trade union from March 1, 2008. A certain amount of money used for the operation of the association in the monthly salary of union members paid by union members was deducted, and was paid directly from the company, and was in charge of the business affairs, such as keeping and executing the business affairs.

2. The Defendant: (a) made all money, such as union expenses, deposited into one’s own account; and (b) decided to use union expenses, etc. for private use by using the position of the head of the association, after appointing the auditor, etc. of the association as D or E.

The Defendant embezzled KRW 63,689,053 in total by using union expenses, etc. in the course of business for trade union as a private sector as follows.

On April 208, 2008, around April 2008, the Defendant’s embezzlement of union expenses: (a) seized union expenses with a separate credit by union members F, etc. and collected them from C; and (b) made it impossible to receive union expenses on April 2008, by collecting them from C; (c) on April 23, 2008, the Defendant deducted 72,000 won from 294 union members, respectively, and publicly announced that they should be used for the union expenses.

around 14:08 on May 8, 2008, the Defendant received KRW 20,644,000 from C in the account (Account Number G) in the name of the Defendant.

The Defendant, at around 14:15, transferred KRW 4,770,00 to a new bank account (Account No.J) in the name of Company I through its accounting staff H at the Incheon Port of Korea, Jung-gu, Incheon, Jung-gu, Incheon, at around 7-241, and then established at the Defendant’s home.

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