Defendant

A shall be punished by a fine of 700,000 won, and a fine of 300,000 won, respectively, for Defendant B.

The above fine is imposed against the Defendants.

Punishment of the crime

Defendant

A is in charge of managing the funds of the D organization as the general affairs of the D organization, which is a meeting of the members of the LAC, and Defendant B is a member of the D organization.

Defendant

B on December 2, 2017, Defendant A lent KRW 5 million from the membership fees of D organization E to Defendant B who has difficulty in circumstances, and Defendant A consented thereto.

Thus, while Defendant A kept membership fees as a general manager of the D organization, around December 15, 2017, Defendant A remitted five million won of membership fees to the F bank account in the name of Defendant B, and Defendant B embezzled the membership fees of D organization by remitting the above five million won to E.

Summary of Evidence

1. Part of the Defendants’ legal statements

1. A protocol concerning the examination of the police officer in G;

1. Application of statutes on police statements made to H to H;

1. Articles 356, 355(1) and 30 of the Criminal Act, and the choice of fines for criminal facts;

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

1. Determination as to the assertion by the Defendant and the defense counsel under Article 334(1) of the Criminal Procedure Act

1. Defendant A, a general secretary who has the authority to take overall charge of membership fees management and accounting of the gist of the assertion, is an expenditure by his/her authority, and thus cannot be deemed embezzlement.

In addition, the purpose of this circumstance was to guide members E who are difficult, and Defendant B guaranteed his debt and expected to give consent of the operator, so the illegality is dismissed as it is presumed that the consent of the operator is presumed to have been given.

Furthermore, since it is an act to assist members in difficult circumstances, it does not go against social norms.

2. In other words, “D organization” is a group established for the purpose of fostering and supporting the representative candidates of the company trade union to which it belongs, and in principle, the membership fees shall be disbursed only for the election of the chairperson. However, although the expenditure of special membership fees is stipulated to be decided at the Yeongdeungpo-gu meeting (Article 1 of Chapter 6), the resolution of the Round-jin meeting is passed.