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(영문) 대구지방법원 상주지원 2013.09.10 2012고단321
업무상횡령
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

To the extent that there is no concern about substantial disadvantage to the defendant's exercise of his/her right of defense, rhythizing the facts charged without changing the indictment and recognizing the facts charged.

On June 5, 1986, from around December 31, 2007 to around December 31, 2007, the Defendant served as the secretary general of the victim's "D resident permanent Si branch" in C, and was in charge of overall administrative affairs, such as planning, budget and accounting.

1. Around January 18, 2007, the Defendant voluntarily withdrawn KRW 240,000 from the said account to pay the Defendant’s union membership fee at the Do branch office located in the Do branch office, while he/she kept money from the general account account under the victim’s name for the victim’s business.

2. Around April 24, 2007, the Defendant: (a) deposited money from the general account account in the name of the victim on behalf of the victim; (b) voluntarily withdrawn KRW 50,000 from the said account in order to pay the Defendant’s membership fees to the head of each branch office, secretariat, and secretariat in the Gyeongbuk-do; and (c) embezzled the money.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Examination protocol of the accused by prosecution;

1. Revenue and expenditure register (eight pages of investigation records);

1. Each disbursement resolution (Investigation Record 327,329) (Evidence 322, 329) recognizes that the defendant paid membership fees at the victim's fund in 2006 and remitted money to the Do branch office in 2007 under the name of the defendant at the time of transfer to the Do branch office, not the defendant's personal name, at the time of transfer to the Do branch office, and the defendant alleged that "the branch office in other area is aware that the above membership fees are paid with the funds of the branch office." However, even if it is assumed that there was a practice of paying the above membership fees with the funds of the branch office, the defendant's illegal acquisition intent does not affect the establishment of the crime of embezzlement because it does not affect the establishment of the crime of embezzlement).

1. Relevant Articles 356 and 355 of the Criminal Act concerning criminal facts

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