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(영문) 서울북부지방법원 2018.06.11 2018고정217

업무상횡령

Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

From November 5, 198 to November 2017, the Defendant has been engaged in accounting affairs, such as revenue, salary, etc., at C middle schools located in Dobong-gu Seoul Metropolitan Government.

On December 24, 2012, the Defendant received school meal expenses from D students in December from D and kept them in the Defendant’s bank account in the name of the Defendant, and used them as the Defendant’s personal living expenses instead of depositing them in the school account at this time.

In addition, the Defendant embezzled 18,062,10 won for voluntary consumption by receiving the school meal costs, the school meal costs, the school meal costs, and the school meal expenses for the staff of the Seoul Northern Support Office of Education, Seoul Northern Branch, etc. over 94 times, as stated in the list of crimes in the attached Table of crimes, from July 10, 2012 to March 17, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A written accusation;

1. Application of Acts and subordinate statutes concerning the specifications of voluntary use of school accounting revenues;

1. Article 356 of the Criminal Act applicable to the crime, Articles 356 and 355 (1) of the Criminal Act, the selection of fines, and the selection of fines for the crime;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;