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(영문) 부산지방법원 2017.10.19 2016고정4285
업무상횡령
Text

The defendant shall be innocent.

Reasons

Some of the facts charged in the instant case were corrected.

The Defendant is a person who, from January 2005 to February 2014, worked as the head of the victim D kindergarten located in Busan private district and retired from his office, and thereafter works as the head of the above kindergarten again from March 2016 to the head of the above kindergarten and takes overall charge of the operation of the above kindergarten, such as the execution and management of the budget.

On January 10, 2012, the Defendant: (a) purchased goods equivalent to approximately KRW 29,200, such as a cream cream cream cream for personal use while keeping in custody various national subsidies and educational expenses paid by the original students of the above kindergarten for the operation of the above kindergarten; and (b) arbitrarily consumed the material cost for meal by bringing them back to the house; and (c) from then on February 28, 2014, arbitrarily consumed KRW 6,741,000 in total over 365 times from that time until February 28, 2014, as indicated in the list of crimes.

Accordingly, the defendant embezzled the property of the victim while on duty.

Judgment

1. The evidence directly supporting the facts charged of this case lies in E’s statement from around 200 to March 2014 that served as a restaurant cook at the D kindergarten as stated in the facts charged and the prosecutorial protocol against the defendant stating the statement to the purport of recognizing the facts charged of this case (the defendant’s protocol on the interrogation of the police suspect against the defendant cannot be used as evidence by denying its content in this court). He stated on May 30, 2016 that on the police, the defendant purchased the school meal materials of D kindergarten from the police and brought them back after purchasing the materials for personal use, and that he purchased them together with the materials to be used by the defendant, which is an incorporated organization that supplied the food materials to D kindergarten (hereinafter “the food materials company of this case”). From January 1 to March 1, 2012 to March 1, 2014, the defendant’s statement on the supply of the materials to the defendant as his personal data (hereinafter “the defendant’s personal statement”).

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