Residential Gu, Busan Seo-gu 00 Dong

Busan Dong-dong ○ Dong-dong, Busan

From September 1, 2006 to September 20, 201, the Defendant served as a finance officer and employee of the ○○ University operated by the ○○○○○○○○ University from September 1, 2006, selling and managing parking revenue stamps to students, school employees, etc., selling and managing overdue revenue stamps for students exceeding the period of book loan, selling and managing the overdue revenue stamps to the library staff affiliated with the ○○ University, and depositing the sales revenue stamps into the school account.

1. Embezzlement the sales proceeds of parking revenue stamps;

On September 6, 2007, the Defendant sold 120,000 foot parking revenue stamps to ○○○○ in the financial accounting and office of ○○ University located in ○○○ Dong-dong, Busan on September 6, 200, as well as sales of one copy of 120,00 foot parking revenue stamps to ○○○.

9. From January 2, 200 to February 28, 2008, a sum of KRW 34,435,000 was sold, and that amount was deposited into the school account in the course of carrying out business for the victim, and the remainder of KRW 8,60,000 was consumed voluntarily due to Defendant’s debt repayment and living expenses.

In addition, the Defendant, from around that time to August 31, 201, embezzled KRW 72,340,000, total sales proceeds of parking revenue stamps, as shown in the attached Table (1) from around that time, for the sake of the victim’s business, and embezzled by voluntarily consuming it.

2. Embezzlements of sales proceeds of loan books in arrears and revenue certificate stamps;

On June 1, 2007, the Defendant sold 11,645,990 won in total to the library staff affiliated with ○ University from March 1, 2007 to February 28, 2008, including selling one copy of 1,200 won in borrowed books and overdue loan revenue stamps of 11,645,90 won in total, to the person in charge of library loan of ○○ Library at the same place, and sold the proceeds to the school account of 10,389,4 million won in total for the sake of the victim, and used the remainder of 1,256,50 won in full due to the Defendant’s debt repayment and living expenses.

From around that time to February 28, 2011, the Defendant embezzled KRW 12,188,990 in total sales proceeds of loan books and overdue revenue stamps as shown in the attached Table (2) from around that time to February 28, 201, for the sake of the victim, while making up for the use of the loan books and revenue stamps in arrears.

2012 Highest 4337

3. Fraud;

When the Defendant lost his/her spouse’s business and experienced a shortage of living expenses and a demand for repayment of his/her obligation, the Defendant embezzled KRW 84 million from March 2007 to August 31, 201, which was discovered as a result of audit and inspection by the Board of Audit and Inspection, thereby making it uncertain whether he/she could continue to work at the workplace. Moreover, even if he/she borrowed additional money, such as ○ Bank, etc., the Defendant was liable for the first financial right of KRW 60,000,000,000,000,000,000 won, and there was no intention or ability to repay it.

A. Fraud against the victim (the principal) ○○○○○○○○

On October 26, 2011: around 00, the Defendant called ○ University’s general affairs division at ○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○ in Busan, and repaid the amount of KRW 4 million at an equal interest rate of KRW 39% per annum and KRW 180,000 per month until October 25, 2016. “On the other hand, the Defendant sent a certificate of employment, etc. as if he had been working at ○○○ University in a normal condition as seen earlier. However, the Defendant had no intention or ability to pay the amount normally even if he/she borrowed money from the victim.

The Defendant, as such, by deceiving the victim, received 4 million won from the victim as the borrowed money.

B. Fraud against the victim (principal) ○○○○○○

At the date, time, time, and place specified in paragraph (1), the Defendant called the victim (state) to the lender of OOOO and repaid KRW 240,000 per annum in equal installments for every 35 months at the interest rate of 39% per annum. “The Defendant sent a certificate of employment, etc. as if he/she had been working at ○○ University normally, as he/she had worked at ○○ University. However, as the Defendant was found to have embezzled money as seen earlier and was investigated, it was uncertain whether he/she could continue to work at ○ University, and is urged to pay excessive debts.

Then, even if the victim borrowed money from the victim, there was no intention or ability to pay it normally.

The Defendant, as such, by deceiving the victim, received KRW 5 million from the victim as the borrowed money.

Summary of Evidence

[2012 Highest 3572]

1. Defendant's legal statement;

1. Statement by the prosecution on sexual intercourse ○;

1. Statement of the police on ○○○ or ○○○;

1. A self-survey report;

1. The details of embezzlement, etc. (Evidence 11 to 22, 28 to 30, evidence submitted to the prosecutor);

1. A detailed statement of account transactions with ○ bank 2012 highest 4337);

1. Partial statement of the defendant;

1. Police suspect interrogation protocol of the accused;

1. Statement of the police on Kim○-○ and Yellow ○;

1. Each complaint and attached documents (Evidence 1 to 6, 16 to 25, as evidence submitted for inspection);

Application of Statutes

1. Article applicable to criminal facts;

Articles 356 and 355(1) of the Criminal Act (a inclusive of the crimes of paragraphs (1) and (2) of the same Article); Article 347(1) of the Criminal Act (a)

1. Selection of punishment;

Each Imprisonment Selection

1. Aggravation of concurrent crimes;

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

Reasons for both punishment

[ normal conditions favorable to the Defendant]

○ The confession of the facts of the crime and the reflection thereof.

○ Initials

[ normal conditions unfavorable to the Defendant]

The crime has been committed repeatedly over a long period of time

○ The embezzlement and defraudation amount exceeds KRW 90,000,000 in total;

○ The damage has not been recovered

○ The fact that the revenue stamp was printed to conceal the embezzlement

In full view of the aforementioned circumstances and the motive, means and result of the crime, the defendant's age, character and conduct, environment, criminal records, and circumstances after the crime, the punishment as ordered shall be determined.