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(영문) 춘천지방법원 영월지원 2018.01.09 2017고단27
업무상배임
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The defendant has been engaged in planning and execution of various kinds of field trips, field learning, etc. under the supervision of D institutions as public officials belonging to D institutions (local agricultural community leaders).

According to the Enforcement Decree of the Local Accounting Act, the standards for budget execution of local government expenditure budget, the provisions for travel expenses of public officials, etc., when paying transportation expenses, lodging expenses, etc. to civilians participating in the events held by local governments, the public officials in charge were to pay actual expenses by applying the provisions for travel expenses of public officials, but the defendant was willing to receive pecuniary benefits equivalent to the difference after calculating transportation expenses, lodging expenses

On September 23, 2014, the Defendant planned an “F” event at the D’s office located in Gangwonwon E, and the Defendant calculated the transport cost to KRW 1,360,000 (for on-site learning participants x 34 persons per person traffic cost x 40,000), despite renting a chartered bus from G to KRW 600,00, the Defendant paid KRW 600,000 of the chartered bus rent to G with the compensation for participation in the event containing the excessive traffic cost calculated as above transferred from D’s public official H to the account under the Defendant’s name, and then acquired the remainder property interest of KRW 760,000 in the remainder, and inflicted damage equivalent to the same amount to the victim I group.

In addition, from around that time to December 29, 2015, the Defendant acquired property benefits equivalent to 10,262,000 won in total over 11 times, such as the list of crimes in the attached list of crimes, and suffered damage equivalent to the same amount in the victim I group.

Summary of Evidence

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Copies of each protocol concerning the examination of suspect of the police to J, H and K;

1. Copies of each police statement made against L, M, K, and N;

1. Copy of the report of internal investigation (to receive data related to compensation from a person in charge of the planning and audit office of the International Military Organization) and standards for execution of budgets;

1. An investigation report (G from 2009 to 2015).

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