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(영문) 춘천지방법원 영월지원 2018.01.09 2017고정72

업무상배임

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

The defendant, as a public official belonging to the D Agricultural Technology Center (local community guidance officials), has been engaged in planning and executing various kinds of field trips, field learning, etc. managed by D Agricultural Technology Center.

According to the Enforcement Decree of the Local Accounting Act, the standards for budget execution of local government's expenditure budget, the provisions for travel expenses of public officials, etc., in cases where transportation expenses, etc. are paid to civilians participating in the events held by local governments, the public officials in charge are paid actual expenses by applying the provisions for travel expenses of public officials, despite the fact that the defendant calculated excessive transportation

On May 2, 2013, the Defendant planned an “F” event at the D Agricultural Technology Center office located in Gangwon-gu, Gangwon-do. In fact, despite having leased chartered buses from G to KRW 500,00, the Defendant calculated the transport cost to KRW 1,120,00 (35 on-site study participants x 32,000 per person traffic cost). When the compensation for participation in the event, which includes excessive traffic cost calculated as above, was paid to the representatives of farmers participating in the above on-site study, the Defendant returned the compensation for participation in the above event from the representatives of farmers to the account under the name of the Defendant, paid KRW 50,00,00 for the chartered bus rent to G, and acquired the remainder of KRW 620,000, and incurred damage equivalent to the same amount as the victim D.

In addition, from around that time to August 28, 2013, the Defendant acquired a total amount of 1,205,200 won and sustained damages equivalent to the same amount as the victim D, such as the list of crimes in the attached list of crimes.

Summary of Evidence

1. A protocol concerning the interrogation of each police suspect against the accused;

1. Copies of each protocol concerning the examination of suspect of the police against H, I, and J;

1. Copies of each police statement made against K, L, J, and M;

1. A report on internal investigation (compensation from a person in charge of budget for the planning and audit office of the Korea Military Service);