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(영문) 광주지방법원 해남지원 2016.11.17 2016고단392 (1)

업무상횡령등

Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

B, from January 1, 2015, while serving as a public official in charge of the residents' welfare and C of the Jindo-gun Office, he/she was in charge of the management of government water supply materials, etc. in relation to the construction project ordered E-construction project in Jindo-gun D, Jindo-gun, Jindo-gun, and the defendant was in charge of the management of materials, etc. while working as a field agent for the construction

On May 30, 2015, from around May 30, 2015 to May 31, 2015, the Defendant, together with B, was in custody of cement 100 tons, which are government-funded water supply materials, for the victim Jindo-gun at the site of new construction, and used them at his/her own discretion by deducting them from the new construction site of the individual multi-family house B located in Jindo-gun G, Jindo-gun and one parcel.

Accordingly, the Defendant, in collusion with B, embezzled 100 cement 10,000 won of the market value, which is the supply material of the victim Jindo-gun.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's interrogation protocol concerning B;

1. Each police statement concerning H, I, J, K, and L;

1. Statement by the police of M (Investigation Record 418 pages);

1. Application of Acts and subordinate statutes to investigation reports (including confirmation of cement payments made falsely and details of transactions attached thereto);

1. Relevant legal provisions concerning facts constituting an offense and Articles 356, 355 (1), and 30 of the Criminal Act that choose a penalty;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;