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(영문) 울산지방법원 2018.11.02 2018고합204
업무상횡령등
Text

A fine of KRW 1,00,00 for the crime No. 1 in the judgment of the defendant, and a fine of KRW 2,00,000 for the crime No. 2 in the judgment.

Reasons

Punishment of the crime

From July 1, 2010 to January 3, 2016, the Defendant served as the performance secretary of the former C market D (hereinafter “C market”). From January 4, 2016 to June 30, 2018, the Defendant served as the secretary of the C market’s office (class 6 in extraordinary civil service).

1. Around the beginning of November 2017, the Defendant demanded that the public administration and its affiliated F, who performs accounting duties in the vicinity of the Class C 2 appurtenant to E’s Viewing floor, “making cash in the cost of performing the duties” be changed.

Accordingly, F: (a) had a private group in C City and settled the food price by means of a card for promoting C’s business; and (b) had the total amount of KRW 6,354,500 on 15 occasions from November 15, 2017 to December 20, 2017, by means of receiving cash refund of the amount equivalent to the price from the general members of the group, etc.; (c) cashed KRW 6,354,500 on 15 occasions in total; and (d) around December 4, 2017 and around December 14, 2017, at the expense of promoting the operation of the institution, around 40,00 won, the female family head of G and H of the transportation administration division, who would have paid KRW 400,00,00 for each type of encouragement, and around that time, delivered KRW 7,154,500 on several occasions.

The Defendant, as seen above, has been kept for C for the sake of the time when he was victimized by the victim C. Around December 4, 2017, he arbitrarily embezzled KRW 4,770,00 in total by 22 times from the end of December 2017, including the payment of KRW 170,000 to F under the usage fee of the C market’s family at the above C Viewing office around December 4, 2017.

2. No person who violates the Public Official Election Act shall make, or has another make contributions to, a candidate or political party to which he belongs, in connection with an election, and in this case, making contributions by disclosing the name of the candidate or political party to which he belongs, or in the manner as presumed that the candidate or the political party to which he belongs makes a contribution, the candidate or the candidate in connection with the election;

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