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(영문) 서울남부지방법원 2017.04.13 2016고단3579
업무상횡령
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

From September 1, 1991 to December 31, 2015, the Defendant served as an employee of the C middle school administrative office located in Yeongdeungpo-gu Seoul Metropolitan Government as a member of the C middle school administrative office, and has been engaged in overall accounting affairs, such as C middle school personnel’s pay, health, long-term medical care insurance premiums, employment insurance premiums, after-school instructors’ pay, national pension collection and payment, school personnel’s pay, personnel fees, school facilities leasing, etc.

Since it is necessary for the defendant to use personal money, the defendant started to use the personal account in the name of the defendant in the C middle school accounting service without collecting the insurance premiums, etc. of C middle school teachers and staff individually.

1. In the case of health and long-term care insurance premiums within the C middle school administrative office around 2013, the Defendant: (a) calculated for each of the monthly faculty members in the case of health and long-term care insurance premiums; and (b) calculated for each of the health and long-term care insurance premiums; and (c) accordingly, the Defendant would pay the victim D the health and long-term care insurance premiums that have not been collected at source.

“After doing so, the victim received cash 41,740 won from the victim for the purpose of health and long-term care insurance premium which was not collected as income from the benefits and received cash 41,740 won for the victim and kept in custody for the victim on his/her business. From September 27, 2011 to March 13, 2014, the victim received cash from the victim for the total amount of 6,569,460 won from the victims for health and long-term care insurance premium that was not collected from the victims, or transferred from the outside of the outside of the account to the outside of the Defendant’s personal account (other than the cash account of the C middle school revenue and expenditure) to the Defendant’s personal account at his/her own discretion at that time.

Accordingly, the defendant embezzleds the victims' property in violation of their occupational duties.

2. Matters related to the employment insurance premium;

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