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(영문) 수원지방법원 안양지원 2018.01.12 2017고단1656
업무상횡령
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

From October 1, 2009, the Defendant, as the president of the Victim C Trade Union in Ansan-gu B, Ansan-si, has overall control over the affairs of organization negotiations, transfer money, management of labor union expenses, etc., and had the status of keeping the total amount of money paid by the union members each month.

On December 3, 2015, the Defendant withdrawn KRW 30,000,000, out of the total amount of money classified by the victim’s possession, which was in custody as the Saemaul Treasury’s account (D) in the name of the Defendant, and arbitrarily used it as the personal debt repayment and living expenses, from December 3, 2015 to June 12, 2017, and arbitrarily consumed the amount of KRW 49,050,000 in total over 17 times from December 3, 2015 to June 12, 2017.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and F;

1. Application of Acts and subordinate statutes to the accounting books for advance payment and the details of passbooks;

1. Relevant Article of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act (generally, selection of imprisonment with prison labor);

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act [the scope of recommendations on the sentencing guidelines] - Type 1 (less than 100 million won) basic area (from April to January 1): - Unfavorable circumstances: The head of the association, who is the head of the association, voluntarily consumes the amount of a set of funds from the association in custody in the course of business, and the nature of the crime that arbitrarily consumes the amount of funds from the association in custody in the course of business, is not good. - Unagreement: The favorable circumstances show the appearance that the defendant is against all recognizing the crimes

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