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(영문) 의정부지방법원 2016.12.15 2016고정1896

업무상횡령

Text

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

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

Reasons

Punishment of the crime

The Defendant, as a kindergarten teacher affiliated with the Gyeonggi-do Government Office of Education Support, served as a kindergarten teacher from March 1, 2013 to the kindergarten annexed to the victim D elementary school located in the Gu Council C from March 1, 2013, and was engaged in the work of budget execution

1. Around May 13, 2013, the Defendant embezzled KRW 30,50,00, out of the budget kept for the victim at the above kindergarten, arbitrarily consumed and embezzled for the purchase of personal books. From the above date to September 1, 2015, the Defendant embezzled KRW 1,754,880 in total by the above 26 occasions, such as the list of crimes (Operation Expenses) in attached Table (1), from the above date and time to September 1, 2015.

2. Around March 11, 2013, the Defendant embezzled KRW 10,970,00, out of the budget kept by the said kindergarten for the victim, arbitrarily consumed and embezzled for the purchase of food, and then embezzled the sum of KRW 5,073,00,00 by the aforementioned method over 697 times from the date and time to October 23, 2015, such as the list of crimes (livers) in attached Table (2) (livers).

Accordingly, the Defendant embezzled the total amount of money equivalent to KRW 6,827,880, which is the victim's property kept in business.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of the E, F, and G;

1. The current status of embezzlement of kindergarten meal expenses; the disbursement resolution and receipt of 2013-2015; the current status of embezzlement of kindergarten operating expenses; the disbursement resolution and receipt of operating expenses in 2015; the disbursement resolution and receipt of operating expenses in 2013-2015; the food system between 2013-2015; the current status of improper operation of kindergarten operating expenses in 2013-2015; the disbursement resolution and receipt of operating expenses in 2013-2015;

1. Application of Acts and subordinate statutes on investigation reports;

1. Article 356 of the Criminal Act applicable to the relevant criminal facts and Articles 356 and 355 (1) of the Criminal Act (generally and collectively, selection of fines);

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The primary reason for sentencing of Article 334(1) of the Criminal Procedure Act is the order of provisional payment, and the amount of damage fully repaid, and the amount double the amount of embezzlement.