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(영문) 부산지방법원 2018.02.08 2018고단89

업무상횡령등

Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

[Reference Facts] From January 1, 2016, the Defendant was in charge of general affairs and accounting as Grade-7 local administrative assistant (class-6 public official) in the D Community Center E to Grade-7 local administrative assistant (class-6 public official in charge of class-6 treatment) located in Young-do, Busan.

The defendant is in charge of the accounting affairs of the D Center and the F Fund entrusted by the above Center, and the department in charge send official notices in compliance with the fiscal purpose, based on this, the defendant was in charge of preparing a written resolution of expenditure in the Electronic Document System (e-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S

The defendant was unable to use the funds of the D Center for the demand for repayment due to gambling debts, etc. for personal repayment, etc.

[Criminal facts]

1. Occupational embezzlement;

A. On August 23, 2016, the Defendant was managed by the Defendant at the office E of the above D Center on August 23, 2016

D) In order to withdraw KRW 29,398,020 from the deposit account (Account Number G) of the Busan Bank, the amount was entered in the withdrawal slip for the Busan Bank.

D The official seal of the Director of the Center was affixed.

On the same day, the Defendant submitted the aforementioned withdrawal slips to the Busan Bank, Young-gu, Busan, Young-gu, Busan, 86, and received KRW 29,398,020 from the Agricultural Cooperative Deposit Account (Account Number H) in the name of the Defendant, and then withdrawn the slips and used them as personal debt repayment.

From August 23, 2016 to August 25, 2017, the Defendant arbitrarily consumed KRW 56,58,030 in total over 11 times, such as the daily list of crimes (1) in the following manner, and embezzled it.

B. (ReF) while operating a facility entrusted with convenience, such as sports facilities and stores of the D Center, the depreciation cost was deposited into the deposit account in the Busan Bank in the name of the F, and the said funds was managed by the staff of the D Center.

Defendant was in charge of ordinary accounts;

At the request of the J, there was withdrawal of business funds.

Defendant J around July 2017.