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(영문) 인천지방법원 2013.04.17 2012고단11064
업무상횡령
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

The Defendant is a person who served as the chairperson of the C&A trade union, the victim, from April 2009 to December 31, 201.

From April 12, 2009, the Defendant: (a) from around 2009, deposited in the account for time deposits in the National Bank in the name of the said trade union as the victim; (b) deposited in the account for time deposits in the National Bank in the name of the said trade union as the victim; and (c) deposited in the account for time deposits in the National Bank in the name of the said trade union as the victim; and (d) deposited in the business for the victim, 50 million won in total, including KRW 30 million from the said account for time deposits; (b) withdrawn KRW 457 million from the said account for time deposits; and (c) embezzled such money for personal use by investing in the Development Company of the Remedies System at around that time.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of statement by the prosecution (participation of witnesses E);

1. Application of Acts and subordinate statutes to a report on investigation (report accompanied by details of trading, etc.);

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that the accused voluntarily surrenders to the police and has started an investigation, the voluntary return of the embezzlement amount and the compensation for interest therefrom, the previous conviction other than the fine and the fact that there is no same criminal record);

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