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(영문) 대구지방법원경주지원 2017.11.28 2015가단12041
횡령금
Text

1. The Defendant’s KRW 13,128,860 to the Plaintiff and KRW 5% per annum from August 6, 2015 to June 26, 2017.

Reasons

1. Facts of recognition;

A. As of March 9, 2009, the Plaintiff Union was a trade union established on March 9, 200 and entered 5,500 members in eight branches.

B. From October 1, 2013 to March 12, 2015, the Defendant was a person who was and was the head of the secretariat and person in charge of accounting of the Plaintiff’s Gyeong branch office and its branch office and its branch office, and was engaged in the affairs of association expenses, welfare expenses and expenditure.

C. During the above period, the Defendant embezzled 13,128,860 won in total over 140 times during the period from around October 1, 2013, including the Plaintiff’s Gyeongbuk branch’s deposit in the said branch’s account and transferred welfare expenses to the agricultural cooperative account under its own name, and paid 102,245 won at the Cju station located in the racing on its own name as the principal oil expenses, and then embezzled 140 times during the period from March 5, 2015.

The Defendant was indicted for the crime of occupational embezzlement due to the above embezzlement by the Daegu District Court 2015Kadan1120, Daegu District Court 2017. On April 20, 2017, the Defendant was sentenced to a suspended sentence of two years.

The defendant appealed and is currently pending in the appellate court (Tgu District Court 2017No1737).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3 (including branch numbers if there are branch numbers; hereinafter the same shall apply), Eul evidence No. 32, the purport of the whole pleadings

2. According to the above facts of recognition as to the cause of claim, the defendant intentionally embezzled the above KRW 13,128,860 and inflicted damage on the plaintiff union. Thus, the defendant is clearly recorded that it is the day after delivery of a copy of the complaint of this case sought by the plaintiff union from August 6, 2015 to June 26, 2017, and it is clearly recorded that it is the day after delivery of a copy of the complaint of this case, which was sought by the plaintiff union, from August 6, 2015 to June 26, 2017.

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