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(영문) 대구지방법원 서부지원 2014.09.26 2014고정252
업무상횡령
Text

The defendant shall be innocent.

Reasons

1. The Defendant is the president of the Korea Trade Union in Daegu Seo-gu C.

On February 21, 2013, the Defendant: (a) around 19:32, 201, performed meals by viewing the personal affairs of the Defendant, and embezzled KRW 113,000 by settling the amount of KRW 113,00 with the above union card.

2. According to the evidence of judgment, G around February 20, 2013, after receiving contact from the Defendant, G was present at the instant meal space. At the time, it is recognized that at the time, the Defendant made a statement to the effect that he/she requested “the case related to the receipt of money and valuables related to employment solicitation” reported to G to G.

However, according to the circumstances acknowledged by the evidence duly adopted and investigated by this court, whether the instant meal expenses are spent solely for personal corruption of the Defendant, and the Defendant can be deemed as embezzlement of union expenses; i.e., multiple trade unions exist in D; the Defendant is the head of the pertinent H trade union; the above trade union is the head of the association; the association expenses collected from the union members as withholding a certain amount of monthly union expenses from the union members to the account of the head of the association with the authority to execute union expenses in accordance with the union regulations; ii) the budget bill of the association expense item of the year 2012 of the above union (from March 1, 2012 to February 28, 2013) include the amount of KRW 9 million in the budget bill of the association expense item of the year 2012 association. According to the budget bill of 2013 (W) stating that the Defendant’s daily basis for calculating the job expense is the amount of KRW 200,000 in the association’s daily revenue and expenditure.

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