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(영문) 대전지방법원 2017.02.17 2016고단4264

업무상횡령등

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

The Defendant, as a public official of the Ministry of Culture and Tourism D (class 6 and broadcast stage guards), was in charge of the production of Internet “E” for the purpose of promoting government policies.

1. On January 2015, the Defendant: (a) purchased books and merchandise coupons equivalent to KRW 1,350,000 within the budget limit for purchase of merchandise coupons in the year 2015 for the purpose of the payment of the said program contributors or telephone connection participants; and (b) used KRW 250,000 to the contributor, etc. around that time, and arbitrarily used KRW 1,100,000 for the remainder of KRW 1,10,000.

In addition, from around that time to December 2015, the Defendant paid a total of KRW 14,380,000 among the island cultural merchandise coupons worth KRW 14,380,000 in total over 12 times, and arbitrarily used a total of KRW 13,620,000 in total.

Accordingly, the defendant embezzled the victim's property on duty.

2. Occupational breach of trust (related to the use of government purchase cards) the Defendant worked as a person in charge of the production of broadcasting programs, and managed three copies of government purchase cards (national cards I, J, and K) that set the purpose of using the program for the production of the program within budgetary limits of the standard production cost in accordance with the H Broadcasting Production Cost Payment Regulations, which is D, within budgetary limits, and thus, there was a duty to use the government purchase cards only for the production cost of the program within budgetary limits.

A. The Defendant violated the foregoing duties, and around August 25, 2015, arbitrarily purchased books and cultural merchandise coupons in excess of the budget from the above “G” and paid 900,000 won to the Government Purchase Card (I). Around that time, the total amount of KRW 20,290,000 exceeds the budget limit for 33 times in total, such as the previous list of crimes (2) in the same way during the period from September 25, 2015.