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(영문) 부산지방법원 2015.07.03 2015고합98
업무상횡령등
Text

Defendant

A Imprisonment with prison labor for a crime Nos. 2 and 3 of the judgment of the court below for a crime No. 1 of the judgment of the court below, the defendant B, C, and the defendant.

Reasons

Punishment of the crime

[Criminal Power] Defendant A, on June 13, 2013, was sentenced to a suspended sentence of two years for eight months for the crime of taking property in breach of trust at the Busan High Court.

6. 21. The person for whom the judgment becomes final and conclusive, and Defendant B, on June 13, 2013, shall be sentenced to imprisonment with prison labor for the crime of taking property in breach of trust at the Busan High Court for the same year.

6.21. The person for whom the judgment has become final and conclusive.

【Criminal Facts】

1. Defendant A and F’s joint criminal conduct: Defendant A’s occupational embezzlement is the secretary of the M branch of the L Trade Union, the victim, and Defendant F is the head of the same branch, who was in charge of the storage and management of the operating fund of the said branch, as the head of the same group.

From July 2, 2010 to October 10, 2010, the Defendants conspired and held overall control over the crimes committed by Defendant A at the office of the L Union M branch located in the Dong-gu Busan, Busan, and Defendant F embezzled total of KRW 159,919,300 in total over 337 times as shown in the attached list of crimes, including: (a) false entry in the account book as if he had been engaged in the business of operating capital of the M branch through O and P; and (b) remittance of the money to the national bank account in the name of Q, the husband of the above P, to the account in the name of Q, the husband of the above P, and embezzled the money in total of KRW 360,00 in the same manner.

2. Defendant B and A’s joint criminal conduct: Breach of trust, violation of the Labor Standards Act, Defendant B’s violation of the Labor Standards Act, as the head of the L trade union M branch, is a person in charge of new recruitment, promotion, etc. of union members, and Defendant A, as the head of the same branch office, is a person in charge of managing union members and recommending new union members.

On June 15, 2010, the Defendants conspired and agreed to receive money and valuables in return for the solicitation that Defendant B would be promoted from R and S, a member of the M branch, as well as the solicitation that Defendant B would be promoted to the early stage. Defendant A received KRW 20 million from R and S, respectively, and KRW 20 million from the above M branch office in accordance with the direction of the above B at that time, and KRW 2 million from gift certificates.

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