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(영문) 서울서부지방법원 2014.01.07 2013고단2604
업무상횡령등
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From April 1, 2010 to August 31, 2013, the Defendant has been a public official of Grade 8 of the victim D elementary school located in Mapo-gu Seoul Metropolitan Government, who is a public official of Grade 8 of the above school in charge of accounting, payment of wages, etc.

The defendant has forged cash receipts and disbursements book due to difficulties in living, such as prohibiting the payment of interest on personal debts due to the husband's default on business, and had the cash receipts and disbursements book used the above school's budget to pay the interest and to use it for living expenses.

1. Around February 28, 2012, the Defendant, at the above school administration office, was in custody of the school’s budget through the NongHyup Bank account (Account Number E) for the above victim’s school account, and on the same day, transferred three million won from the above account to the national bank account in the name of the Defendant to the national bank account in the name of the Defendant, and used it for living expenses, bond interest, etc.

In addition, from around that time to April 3, 2013, the Defendant consumed 68,20,000 won in total over 30 times as indicated in the annexed Table 1 list, and embezzled it.

2. Forgery of public documents and the uttering of forged public documents;

A. On May 2012, the Defendant had access to the “F”, which is the school accounting system, and received in April 2012 the cash receipt and disbursement book from the Defendant’s computer in March 2012, 1,497,600 won in the portion of “the tuition fees and teaching materials expenses for the students who provided the support for the long-term fishery,” 351,020 won in the purchase disc (on teacher PC) (on May 2012, the Defendant arbitrarily laid down five items as indicated in the attached Table 2, such as “(1,497,600 won in KRW 4,497,60, and 0357)”.

Accordingly, the defendant forged the cash receipt and disbursement book of D elementary school, which is a public document, in April 2012.

B. The Defendant at the above school administrative office on June 2012, as indicated in the list of crimes in attached Table 2, in the above manner, in May 2012.

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