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(영문) 광주지방법원 2018.07.26 2018고단1179
업무상횡령등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

From April 2010, the Defendant, while working for “C” in Gwangju Northern-gu, in charge of this business, was in charge of receiving tuition fees and sales proceeds of performing music classes.

[2018 Highest 1786]

1. Business embezzlements for selling performance diskettess;

A. On June 27, 2011, the Defendant sold “F” performance pockets, which came from around May 201 to around June 201, and embezzled by using the same for personal purposes, such as payment of interest on loans, payment of credit card use fees, etc., from May 201 to June 201, 201, the Defendant collected KRW 20,584,50 of the sales proceeds of public performance pockets from May 201 to June 201.

B. On October 20, 2014, the Defendant, after selling “G” public performance pocket tickets that came into operation in C around September 2014, the Defendant embezzled the amount of KRW 10,227,500 from selling performance pocket tickets, and deposited the amount of KRW 10,227,50 to the account designated by the above C by October 20, 2014, which was the payment deadline, during the course of performing duties for the victim C, and embezzled the amount for personal use, such as travel expenses, at the port of Gwangju City, etc. around that time.

(c)

On December 18, 2014, the Defendant sold a performance pocket, which was carried out by C on or around November 2014, and deposited KRW 5,994,00 for performance pockets sales proceeds into the account designated by C by December 18, 2014, while working for the victim C, he/she embezzled by using it for personal purposes, such as meal expenses, debts, etc. at the place of Gwangju City.

[2018 Highest 1179]

2. On January 13, 2015, the Defendant: (a) prepared an official document stating that “A person who received Korean dances of Korean dances of Korean culture and arts class during the quarter of January 1/4, 2015” was 10 students; (b) prepared a list of beneficiaries of Korean dances in culture and arts class 2015 and 7.

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