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(영문) 창원지방법원 거창지원 2014.09.04 2014고합4
특정경제범죄가중처벌등에관한법률위반(횡령)등
Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

The Defendant, from March 1, 199 to May 6, 2013, worked in the administrative office of the E-high school operated by the CAFD in Gohap-gun, Chungcheongnam-gun, Gyeongcheon-gun, and was an assistant of the school accounting treasurer, who was engaged in the receipt and management of the expenses borne by the beneficiary, revenue and expenditure, and the school development fund.

1. Around June 7, 2007, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) had access to the Agricultural Bank Holdings in the administrative office of the above E High School, and transferred KRW 3,620,000 to the Agricultural Bank Account in the name of the E High School without the victim’s disbursement order, while the Defendant was in the course of business custody for the victim.

In addition, from that time until April 11, 2013, the Defendant arbitrarily remitted the total amount of KRW 1,311,64,190 to 366 times in total in the same manner as stated in attached Table (i).

Accordingly, the defendant embezzled the victim's property.

2. Around September 23, 2008, the Defendant received KRW 7,500,000 from the School Development Fund, which was deposited in cash by the principals of E High School and three other persons, from the above administrative office, and was in custody for the victim, and used KRW 1,00,000 for personal purposes, such as living expenses.

From that time until March 10, 2012, the Defendant consumed 30,050,000 won of the school development fund of the victim in total at least 12 times in the same manner as written in the Domen List of Crimes.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of I;

1. Each investigation report (report on attachment of a statement of financial transaction, confirmation of funds transferred to a dormant account, reporting on the amount and method of embezzlement, reporting on the financial transaction statement of a person under internal investigation (report on embezzlement attached, reporting on deposit financial transaction statement of the school development fund attached), reporting on attachment of the financial transaction statement of the person under internal investigation, and reporting on the school development fund;

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