업무상횡령등
A defendant shall be punished by imprisonment for not less than eight months and by a fine not exceeding 1,600,000 won.
The defendant does not pay the above fine.
Punishment of the crime
The Defendant served as the deputy head of the operating team of Yeonsu-gu Incheon (hereinafter “C”) from February 17, 2012 to September 4, 2017, and was engaged in the management and operation of the above C’s facilities.
1. The Defendant, as a vice head of the management team of the victim C, has been in charge of lending the facilities of the victim to an external institution, leased the facilities of the victim to the external institution, and received the rent from the external institution and kept it for the victim;
On April 20, 2015, the Defendant leased a sports hall facility of a person who caused damage to a police officer D, and received 900,000 won from a person in an infinite relation to his/her name from his/her office in cash from the person in an infinite relation to D on April 20, 2015 and used it at his/her discretion.
In addition, from around that time to May 24, 2016, the Defendant received a total of KRW 2,160,000 from an external institution in cash for the rental of the facilities of the victimized person three times in total, such as a list of crimes (1) in attached Form 2, 160,000 from around that time, and used it arbitrarily around that time.
Accordingly, the defendant embezzled the property owned by the victim while on duty.
2. According to the internal guidelines of the victim of occupational breach of trust C’s occupational breach of trust, “E and C event” and “an event hosted by the central government, Incheon Viewing and Incheon Economic Freedom Authority” are subject to the approval of the representative director, and the fee is reduced or exempted.
Nevertheless, the Defendant, at around May 12, 2015, lent a gymnasium free of charge to the injured party's office in violation of the duty to comply with the above internal guidelines in order to promote F's interest by lending the gymnasium of the injured party to F, thereby obtaining property benefits equivalent to KRW 900,000, and suffered damages equivalent to the same amount to the injured party.
The Defendant, including this, is also the defendant.