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(영문) 춘천지방법원 2016.06.17 2016고단391

업무상횡령등

Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

From September 1, 199 to July 28, 2015, the Defendant was engaged in the business of collecting tuition fees, etc. from around April 1, 2005 to July 28, 2015, from around July 2015 to around July 28, 2015, as a person who served as a inorganic contract position in the Gangwon-do Office of Education Office of Education of C Women High School (Seoul High School) located in Hongcheon-gun, Gangwon-do Office of Education.

1. On May 28, 2010, the Defendant: (a) while managing the Agricultural Cooperative Account (D) in the name of the above school that was used as tuition deposit account in the educational administration office of the above C Women’s High School around May 28, 2010, and keeping the paid tuition fees, the Defendant prepared a written resolution on the collection of tuition fees, which includes the Defendant’s husband’s repayment of KRW 230,400,00,000, and sent the relevant documents, such as the withdrawal certificate, to the Hongcheon-gun branch office of the above school, after obtaining approval from the head of the administrative office of the above school and the principal of the school, and had the person in charge of the said region transfer KRW 230,40,00 to the said new bank account under the above E; and (b) around that time, used the said money for personal purposes, such as living expenses.

From around that time to October 2014, Defendant embezzled total of KRW 8,164,50,00, including the above criminal facts, by arbitrarily consuming the total of KRW 10 times as shown in [Attachment] List of Crimes (1) in the same manner.

Accordingly, the defendant embezzled the victim's property.

2. As a person in charge of revenue in the above school, the Defendant, as a person in charge of occupational breach of trust, issued a reminder for the payment of revenue within 15 days after the deadline for the payment, and there was a duty to carry over the unpaid amount received during the pertinent fiscal year to the amount determined for the collection of revenue for the following fiscal year and continuously perform the procedure for the collection of revenue.

Nevertheless, in order to prevent the disclosure of the act of voluntary use of his tuition fees in the process of confirming the amount of unpaid revenues, the above school is located in the above-mentioned educational administration office for the fiscal year of 2013.