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(영문) 창원지방법원 마산지원 2017.08.08 2017고단614

업무상횡령

Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

From May 1, 1995 to October 26, 2015, the Defendant served as office staff in the C High School Administration Office of the Victim School Foundation B located in Changwon-si, Changwon-si, Changwon-si, and has been engaged in the accounting, revenue, expenditure, and other cash expenditure management of schools.

When parents deposit tuition fees, school meal expenses, school operation expenses, and after-school school education expenses to the bank account, the Defendant voluntarily consumed them by transferring part of them to the account under the name of the Defendant or the Defendant’s husband, and when students pay tuition fees, school meal expenses, etc. in direct cash, he/she did not deposit them into the school account, and voluntarily consumed them without paying them into the school account, and voluntarily consumed them in the case where the paid amount should be returned to the parents’ account due to changes in the school schedule.

On August 5, 2011, the Defendant embezzled KRW 227,472,980, total sum of KRW 227,980,00 from around 40 to December 2015, 200 as indicated in the attached crime list, such as transfer of tuition fees, meal expenses, operational support expenses, school travel expenses, and textbook fees deposited in the scambling bank account at the scam branch of the above school at the central Dong branch of the Dong Dong Dong Dong-dong branch of the above school to the scam branch of the Defendant’s husband, as shown in the attached crime list, such as transfer of KRW 2,50,00 from around 40 to December 5, 2015, without depositing the paid cash into the account under the name of the Defendant or the Defendant’s husband, or by arbitrarily consuming it into the school account.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Reporting on, and disposition of, the results of the case investigation;

1. Application of Acts and subordinate statutes on transaction details;

1. Relevant legal provisions of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act concerning the choice of criminal facts;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The scope of punishment recommended on the sentencing criteria: