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(영문) 울산지방법원 2014.08.08 2014고정421
업무상횡령
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is the person who was in the position of the president of the Association from March 2002 to March 2007.

The defendant, while deciding to pay membership fees for part of 16 City/Do associations in the Korean Trucking Business Association, was willing to consume the refund of membership fees remitted to local associations for personal purposes in order to return membership fees.

On November 24, 2006, the Defendant received money from the Federation of Trucking Services from the Republic of Korea to the Association's corporate account (SOC E), and arbitrarily withdrawn three million won in cash, which was kept in the business, and embezzled it for personal purposes.

2. The evidence that corresponds to the facts charged in this part of the judgment is the witness F, G’s testimony, F, and the police statement of each police statement about G, F, G’s statement, F’s statement of each statement, F’s statement of complaint, and passbook’s statement of passbook(Evidence No. 5).

However, the following circumstances acknowledged by the evidence duly adopted and investigated by this court, namely, F and G, at the investigative agency and this court, determined to make membership fees for part of the 16 City/Do Association at the National Truck Forwarding Business Association (hereinafter “the National Federation”), and sent 3 million won to the corporate account of the Association as the name of refund or compensation for full payment of existing membership fees, and the defendant arbitrarily consumed it for personal purposes. However, F’s statement was only based on G around 2006, and it was also based on the investigation report(s) (46 pages) and the fact-finding inquiry report on the National Association attached to the trial record, as well as the trial record, to support the National Association’s introduction of the "Act on November 24, 2006."

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