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(영문) 춘천지방법원강릉지원 2020.11.20 2020고정49
업무상횡령등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

On October 10, 2019, the Defendant was sentenced to ten months of imprisonment with prison labor for the obstruction of performance of official duties, etc. at the Gangnam Branch of the Chuncheon District Court on November 29, 2019 and became final and conclusive on November 29, 2019, and was the secretary general of the emergency countermeasure committee belonging to the victim B trade union Gangwon Branch from December 21, 2018 to March 17, 2019.

1. On January 15, 2019, the Defendant: (a) pursuant to the foregoing duties, managed each passbook and physical card of the deposited accounts of the C Branch of the C Branch of the Seoul Branch of the Electric Branch of the Association (DE); and (b) withdrawn KRW 5 million from the H resignation point located in G on January 15, 2019 while keeping the said deposits for business purposes; (c) voluntarily consumed the C Branch of the Electric Branch of the Association for private purposes at around that time; and (d) embezzled KRW 8 million in total for private purposes at around February 27, 2019 after withdrawing KRW 3 million from the said D Branch of the Electric Branch of the Association on February 27, 2019.

2. While the Defendant, even though the said Emergency Countermeasure Committee was dissolved and the Secretary-General kept the passbook, check-in account (DF) of the division of the Electric Sub-Subdivision, and check-in account (DF) of the victim’s affiliates without returning it to the victim, the Defendant withdrawn the amount of KRW 6.8 million on April 2, 2019 and KRW 90,000 on May 27, 2019 at the place specified in the above paragraph (1) and embezzled KRW 6.89,000 for voluntary consumption for private purposes around that time.

Summary of Evidence

1. Statement of statement to I by the police of the defendant;

1. Before holding a copy of a specification of transactions, a copy of a certificate of performance of obligations, or a copy of a loan: Application of Acts and subordinate statutes on criminal records, etc. and investigation reports (the confirmation of a case pending in the trial of the accused and the record of evidence not exceeding 60 pages);

1. Relevant legal provisions concerning criminal facts, Articles 356 and 355(1) of the Criminal Act (the point of occupational embezzlement), Article 355(1) of the Criminal Act (the point of embezzlement), the latter part of Article 37 of the Criminal Act dealing with selective crimes of fines, and Article 39(1) of the Criminal Act becomes final and conclusive.

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