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(영문) 춘천지방법원 강릉지원 2016.09.08 2016고단784

업무상횡령등

Text

Defendant shall be punished by a fine of KRW 3,500,000.

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

Reasons

Punishment of the crime

1. From January 1, 2007, the Defendant is a person in charge of overall management of school juristic persons’ affairs, management of school contracts, school accounting budget and settlement of accounts while serving as the head of the administrative office of “D Heavy High School” of the victim school juristic person C.

The accounts of school juristic persons are divided into the accounts of the school juristic person and the accounts of the school juristic person, and in particular the revenues belonging to the accounts of school expenses are strictly limited to the uses of the accounts, such as transfer to other accounts or lending, etc. The accounts of school expenses are also strictly limited. Therefore, the accounts of school expenses may not include and use the funds of school expenses for other purposes.

On February 2, 2013, the Defendant: (a) received KRW 2 million from the construction manager G, who belongs to “F of the Co., Ltd.” in the business of “F of the Co., Ltd.” under the name of the school development fund (donations) from the person in charge of the construction of the “F of the Co., Ltd.” in the business of “D Middle School rooftop” through the employees of the school administration office E, and embezzled it on February 2013, 2013, without depositing it into the accounts of school expenses; and (b) used it arbitrarily by using it as the purchase cost, employee meal expenses

B. On December 29, 2014, the Defendant: (a) at the foregoing school sports center and the new school construction business entity (joint) temporary office located in H at Sam-si (D Middle High School; (b) through the K division of the employees in the relevant school administrative office, intended to arbitrarily use the same while being transferred KRW 2 million under the name of school facility usage fees, such as electricity charges incurred during the process of performing the said construction; and (c) did not deposit it into the school expense account; and (d) was to be embezzled by arbitrarily using the same during the course of performing his/her duties. At that time, the Defendant lost the above two million won as a result of loss of the said two million won.

2. The department in charge of public health meals in Gangwon-do Office of Education indicating the intention to provide bribe shall evaluate the operation of school meal services and conduct sanitary and safety inspections, and take administrative measures against violations of the matters to be observed under the items of inspection;