A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

The defendant is a B-si taxi engineer located in Dobong-gu Seoul Metropolitan Government and served as the chairperson of the victim B-trade union from May 2015, and is in the position of managing union funds and other labor union earnings for the above victim B-be trade union.

On July 2015, the Defendant: (a) from around July 2015, in relation to the advertisement attached to a taxi held by B, through the Seoul Special Metropolitan City Regional Headquarters, received the monthly advertising expenses from the victim B trade union, which is an advertising agency, through the Seoul Special Metropolitan City Regional Headquarters, and (b) used the fact that the members would receive such advertising expenses.

Accordingly, around July 31, 2015, the Defendant used 28,000 won for advertising expenses of the victim B trade union in the name of the Defendant’s bank account in the name of the Defendant’s management for personal purposes around that time, and embezzled it for business purposes by arbitrarily using the sum of KRW 1,510,000,000 from around that time to February 2018, as shown in the separate crime list.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. A H statement;

1. Application of Acts and subordinate statutes on investigation reports (the filing of details of distribution of advertising fees submitted by advertising agencies D), and account details in E name;

1. Relevant Article 356 of the Criminal Act, Articles 355 (1) and 355 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Where considerable damage has been restored to a reduced area (- October) in the mitigated area (special sentencing factors) of a type 1 (the scope of a recommended punishment less than 100 million won) according to the sentencing guidelines;

2.This decision of sentence is that the chairperson of the Trade Union and Labor Relations Adjustment Committee has embezzled union earnings, and the nature of the crime is not minor.

However, the records and the trial process of this case, such as the fact that the defendant has mistakenly recognized, reflected, paid embezzlement, the background leading up to the commission of the crime, the defendant's age, sexual conduct, means of the crime, circumstances after the crime, family relationship, etc.