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Reasons
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(영문) 청주지방법원 영동지원 2018.12.20 2018고정7
업무상횡령
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Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

From March 21, 2015, the defendant works as the president of the victim B's partnership, and has overall control over the affairs of the partnership.

On December 2, 2016, the Defendant appointed an attorney-at-law as a complainant and paid attorney-at-law for a case of defamation or insult against C on the ground that C had damaged the reputation of the Defendant.

On January 4, 2017, at around 14:00, the Defendant appeared at the first temporary board of directors in B B B B located in Chungcheongbuk D in 2017, and the said attorney’s expenses are expenses for personal criminal cases, and thus, should not be compensated at the expense of the association. However, on January 12, 2017, the Defendant remitted KRW 3.3 million to E-law in terms of the expenses for the appointment of Defendant’s individual criminal attorney-at-law.

As a result, the Defendant embezzled 3.3 million won of funds of the victim association kept in business at will.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police with regard to F;

1. The investigation report (the sequence 4 in the list of evidence);

1. Minutes of the 16th directors' meeting, 2016, and a copy of the first temporary society, 2017;

1. Application of Acts and subordinate statutes to the cooperative data and payment conference;

1. Relevant Article of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act concerning the selection of punishment for a crime;

2. Article 70 (1) and Article 69 (2) of the Criminal Act to attract a workhouse.

3. Prior to the determination of the Defendant and the defense counsel’s assertion under Article 334(1) of the Criminal Procedure Act, the gist of the Defendant and the defense counsel’s assertion, and the judgment thereof, the basic facts are examined first.

1. The following facts can be acknowledged based on the evidence duly adopted and examined by the court.

A. On December 2016, the Defendant is the president of the Victim Association, and C is the members of the Chungcheong Headquarters B of the G Trade Union, acting as the president of the Victim Association.

C H. H. in the vicinity of B from June 2016 to November.

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