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(영문) 창원지방법원 거창지원 2020.04.22 2019고단369
업무상횡령
Text

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

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

Reasons

Punishment of the crime

In December 1, 2013, from January 8, 2019 to January 8, 2019, the Defendant became a member of the Company C (hereinafter referred to as the “C”) located in Chungcheongnam-gun, Chungcheongnam-gun, 199, and worked as the head of the D Branch (hereinafter referred to as the “D Branch”)’s branch from December 1, 2013 to take charge of the improvement of working conditions, promotion of welfare, and management of operation expenses of the D Branch.

The Defendant, in order to use 10,00 won for the purposes of the payment of penalties for union members, death insurance money, etc., received 10,000 won from the union members each month, and 5,000 won per article from C as “drivers insurance and accident countermeasure expenses,” and received 6,760 won each year from the union members for the purpose of using the surety insurance policy in preparation for traffic accidents, etc., and stated that the facts charged at 1.7% of the monthly salary from the union members as “1.75% of the union expenses” from the union members for the purpose of using the surety insurance policy in preparation for traffic accidents. However, according to the E and F statements and the Defendant’s prosecutor’s statement, investigation report (investigation records, 57, 71, 191, 494 page), it appears that the union members pay the amount corresponding to 1.7% of the monthly salary at the union expense.

received the amount equivalent to the above, and the victim D branch was in custody in the course of business.

While the Defendant, while serving as the head of the branch office, received KRW 3,303,573 in total, KRW 3,951,166 in total, and KRW 6,653,00 in total, as the guarantee insurance expense, and the cooperative expense, respectively, and kept it in the agricultural bank account under the name of the Defendant, the Defendant arbitrarily consumed KRW 43,907,739 in total, from January 1, 2017 to January 8, 2019, such as gambling funds, personal debt, living expenses, etc. as indicated in the attached list of crimes.

Accordingly, the defendant embezzled the property of the victim D branch.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to E, F, G, H, and I;

1. 1.The response materials, the statement of money, etc.

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