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(영문) 전주지방법원 2018.04.12 2018고정2

업무상횡령

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

From November 1, 2012 to November 21, 2016, the Defendant served as a registered security guard at a national sports center belonging to a facility park located in the former North C, and was in charge of subsidizing the collection of fees for the use of office buildings and sports facilities.

When the Defendant directly receives revenues, such as sports facility usage fees, he/she paid the receipts to the treasury of the relevant local government by the next day, but voluntarily used sports facility usage fees.

On May 21, 2013, the Defendant received KRW 147,00,00 in cash from a person under his/her name in a sports facility usage fee at the above D Military Sports Center, but did not receive it, the Defendant issued a false approval by preparing a false statement on daily use, and subsequently arbitrarily consumed KRW 147,00,000, which was under his/her occupational storage.

In addition, from the above date to February 16, 2016, the Defendant voluntarily consumed 1,152,000 won in total over 14 times, as shown in the attached Table 1 Table 1, in the same manner, and embezzled it during the course of business.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the prosecution and the police concerning E;

1. Each police statement made to F and G;

1. Each statement and reply of H, I and J;

1. The current status of daily collection in preparation for the issuance of cash receipts, the comparison of the number of persons employed in 2013 to November 2016 and the collection of cash receipts, the details of issuance of cash receipts, copies of the total daily use of the D Military Sports Center, photographs, and the import analysis by employees of the D Military Sports Center, the daily collection of the D Military Sports Center and the amount of private use, the current status of the collection of facility usage fees (2013 to 2016) and the application of statutes;

1. Relevant Article 356 of the Criminal Act and Articles 355 (1) (including), and Article 355 of the Criminal Act, the choice of fines for criminal facts;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The defendant's assertion and judgment on Article 334 (1) of the Criminal Procedure Act

1. The argument.