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(영문) 전주지방법원 군산지원 2016.03.28 2015고단1191
업무상횡령
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The Defendant, as the chairperson of a trade union, has been representing the said union from around 2007 to March 2015, and has been engaged in the business of executing funds of the union.

1. From October 2010 to February 2015, the Defendant embezzled the proceeds from the filling amount incentive: (a) the sum of KRW 9,118,180,180, which the said victim received as sales incentives from gas filling stations for taxi fuel for the victim on his/her business for the victim; (b) the Defendant used KRW 5,959,210, excluding the sum of the electricity rent of the offices during the said period, for personal living expenses, etc., without accounting at each time; and (c) the Defendant used KRW 5,959,210 for the remainder of 3,158,970, excluding the total sum of the electricity rent of the offices during the said period.

Accordingly, the defendant embezzled the victim's property.

2. Around April 8, 201, the Defendant: (a) paid KRW 742,00,00 which was obligated to pay to the Korean taxi industry trade union to the victim for business purposes; (b) paid KRW 300,00,000 among them; and (c) embezzled the remainder of KRW 442,00 by using the person’s mind as an individual living cost, etc. around that time; and (d) used KRW 5,949,450 in total 17 times in the form of personal living cost, etc. by May 14, 2014, such as the daily list of crimes (2) in attached Table 17.

Accordingly, the defendant embezzled the victim's property.

3. Around April 2012, the Defendant: (a) received repayment of KRW 1,300,000,000 from the above victim trade union lent to B; and (b) was in custody for the victim; (c) used the money as personal living expenses, etc. around that time.

Accordingly, the defendant embezzled the victim's property.

4. On October 26, 201, the Defendant was paying KRW 200,00,000 as the money of the above victim’s trade union while he/she kept the above victim’s trade union funds for business purposes for the victim.

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