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(영문) 제주지방법원 2015.04.16 2014고정386

업무상횡령

Text

The sentence of sentence shall be suspended for the defendant.

Reasons

Punishment of the crime

The Defendant is the head of a facility that operates a social welfare facility under the trade name of “C” of a personal operating facility.

The Defendant, while protecting and fostering 20 children E, etc. admitted to C social welfare facilities located in Jeju City D as basic recipients (general recipients), was designated as a manager of basic benefits (such as livelihood, residence, education, etc.) paid in Jeju Do 22,394,290 won in lieu of the above 20 children, and was in charge of performing duties as a benefits manager, such as purchasing food, clothing, etc. necessary for the livelihood, residence, education, etc. of the said children.

The Defendant embezzled 34,289,480 won in total by 460 times until September 16, 2013, as indicated in the attached list of crimes, in order to pay the principal and interest of the Defendant’s own loan interest to the Nonghyup F Account (hereinafter “the instant account”), which is one of its own loan accounts (hereinafter “the instant account”). On August 2, 2007, the Defendant embezzled 38,856 won in consideration of the Defendant’s repayment of the interest on the Defendant’s loan at the Nong-dong branch of the Nong-dong, Nohyeong-dong, Nohyeong-dong, Agricultural, Inc. (hereinafter “the instant account”).

Summary of Evidence

1. Part of the defendant's legal statement

1. Each police statement related to G and H;

1. A report on internal investigation (Adjustment of a list of payment details of basic benefits);

1. Reports on internal investigation (Attachment of guidelines for the National Basic Living Security Business);

1. Response documents (verification as to whether assistance facilities are available);

1. A copy of the admission contract;

1. A statement of transactions of suspect loan accounts;

1. On-site photographs and photographs of copies of books;

1. Application of investigation reports (related to whether a suspect is designated as a benefit manager for A);

1. Relevant Articles 356 and 355 (1) of the Criminal Act and the choice of punishment for a crime: Selection of a fine;

1. Suspension of sentence: a suspended sentence under Article 59(1) of the Criminal Act;