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(영문) 창원지방법원 2018.04.06 2017고단4233

업무상횡령

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From March 1, 2011 to February 28, 2013, the Defendant served as a class 8 employee in the E-high school belonging to the D Private Teaching Institutes of the Victim Victim D in Kimhae-si as an administrative employee, and was in charge of the management of cash and development fund in addition to the revenue and expenditure. From March 1, 2013 to August 17, 2017, the Defendant was in charge of revenue affairs in the above school.

In 2011, the Defendant had been able to arbitrarily use the money of the Defendant’s mother who is economically difficult due to hospital expenses, etc. and the victim’s money managed by the Defendant.

1. Around June 10, 201, the Defendant of the part of cash embezzlement, other than the school accounting and revenue, did not undergo a resolution on cash other than the revenue and expenditure, at the above E high school, and transferred KRW 2,490,000 from the cash account (agriculturalF) other than the revenue and expenditure of the victim under management by the Defendant to the account under the name of the Defendant.

In addition, from that to February 26, 2013, the Defendant arbitrarily transferred the total amount of KRW 189,200,000 to the Defendant’s account by means of the following methods: (a) a total of KRW 189,200,000, such as the bill of daily crimes (school accounts and cash other than revenue and expenditure) in the attached Form.

Accordingly, the defendant embezzled the property of the victim while on duty.

2. Around February 13, 2012, the Defendant transferred KRW 1 million from the victim’s school development fund account (CF) managed by the Defendant to the Defendant’s personal account (CF) without undergoing a resolution on the disbursement of the school development fund at the above E high school.

Accordingly, the defendant embezzled the property of the victim while on duty.

3. Around May 26, 2014, the Defendant arbitrarily transferred KRW 51,00 from the accounts of the victim’s school accounts (agricultural I) to the agricultural cooperative account under the name of the Defendant, without going through a resolution for the disbursement of the collected money at the above E High School, and without going through a resolution for the disbursement of the collected money.

The defendant shall be attached from that time to January 9, 2015.