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(영문) 부산지방법원 2013.04.08 2013고정346
업무상횡령등
Text

Defendant shall be punished by a fine of KRW 1,500,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. The defendant A served as the head of the administrative office of the Busan Middle-gu B High School from around 1998, and has overall control over general administration, such as personnel affairs of the above schools, budget, expenses, revenues, and accounting affairs of facilities.

2. Occupational breach of trust;

A. At around 15:00 on March 30, 2006, in purchasing office supplies to be used by school personnel in the administrative office of the above B High School for the year 2006, despite the occupational duty to accurately pay the operating funds for the victim B High School, in violation of this duty to bring about an invoice less than the actual amount to be paid, and then paying 3.7 million won with office supplies, after paying 4 million won with cash from E, the president of the Dmun-gu Office via D through C, who is an employee of the school, suffered property damage equivalent to the same amount, and acquired property profit equivalent to the same amount.

B. Around 15:00 on March 29, 2007, in the same manner as indicated in the foregoing paragraph, 404,000 won was paid for office supplies in 2007, and 300,000 won was paid in cash from E, the president of the Dmun-gu, through C, who is a school employee, and the victim suffered property damage equivalent to the same amount, and acquired property profit from the same amount.

C. Around 15:00 on April 3, 2008, at the same time as indicated in the above paragraph (a), 2.5 million won was settled with the price for office supplies in 2008 by using the same method as indicated in the above paragraph (a), and through C, the president of Seodaemun-gu, through C, who is a school employee, received cash of KRW 4 million and suffered property damage equivalent to the same amount from the victim’s school, and acquired property profit equivalent to the same amount.

On September 21, 2001, the Defendant used a visa card in the name of the victim G corporation at the Busan F restaurant, etc. on the Busan F restaurant, etc. on September 21, 2001, and in violation of the duty to use it only for the purpose related to the business, thereby paying a meal amount equivalent to KRW 72,000 for the personal purpose.

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