A violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Misappropriation)

A person shall be appointed.

Lee Jong-young (Public Trial) (Public Trial)

Cheongju-ri, a law office

Attorney Cho Young-chul, Counsel for the plaintiff-appellant

March 28, 2014

A defendant shall be punished by imprisonment for four years.

Facts of crime

From March 1, 2006 to February 28, 2010, the Defendant served as the victim school foundation** in the private teaching institute (hereinafter “*”)* in the Gu** as the team member of the accounting team under the secretariat of the university. From March 1, 2010 to May 31, 201, the Defendant served as the head of the accounting team.

From March 1, 2008, the Defendant was engaged in the affairs of issuing, keeping, distributing a corporate card under the name of a university * the receipt and distribution of a request for card payment, the affairs of distributing each department's request for card payment, the affairs of confirmation of disbursement according to the resolution of expenditure, the management of a claim for corporate card payment and the custody of passbook and the affairs of the receipt and disbursement of school expenses accounts * like the list of crimes in the attached list * the corporate card under the name of a university 51.

The Defendant violated his duty to use the corporate card under the name of a university in violation of the attached Table **** the corporate card under the name of a university from September 23, 2009 to April 25, 2013, issued a total of 8,007,840,00 won, purchased gift certificates of KRW 7,817,888,306 out of the total amount of KRW 189,951,69,694 from September 23, 2009 to April 25, 2013, and paid the total amount of KRW 7,817,88,306 out of the total amount of its loans, credit card payments, etc. to the gift certificate sales business establishment: * the total amount of KRW 189,951,694 from September 28, 200 to June 25, 201; * the Defendant paid the total amount of KRW 185,000 after using the corporate card.

Accordingly, the Defendant acquired a total of KRW 7,848,01 ( = 7,817, 888, 306 + 30, 127, 675) and suffered a loss equivalent to the same amount in a private teaching institute**

Summary of Evidence

1. The defendant's partial statement in court;

1. Each prosecutor's protocol of examination of the accused;

1. Each police statement made against A, B, C, and D;

1. Each investigation report (* As to the analysis of the use of the entire corporate card of the university, specifying the amount of the offence of the suspect.

Related, etc.)

Application of Statutes

1. Relevant Article of the Criminal Act and the selection of punishment for the crime;

Article 3 (1) 1 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes, Articles 356 and 355 of the Criminal Act

Article 2 (General Selection of Imprisonment)

1. Discretionary mitigation;

Articles 53 and 55(1)3 of the Criminal Act (The following circumstances considered in favor of the reasons for sentencing)

Judgment on the argument of the defendant and defense counsel

1. Summary of the assertion

* The fact that the defendant purchased merchandise coupons using the corporate card 51 as stated in the judgment is recognized as the fact that he managed the corporate card under the name of the university.

However, the Defendant: (a) sold gift certificates purchased with the name of the university and paid for the gift certificates that he received; (b) paid annually the amount of the corporate card that the Defendant used by the Defendant; (c) finally, the amount of the corporate card that the Defendant did not raise was approximately KRW 5990 million; and (d) the Defendant paid KRW 190 million out of the amount of the corporate card that the Defendant paid to the university ** KRW 400 million in total due to the instant crime ( = KRW 599 billion in the corporate card that the Defendant did not pay ? KRW 190 million in total - KRW 190 million in the corporate card that the Defendant paid by the Defendant ; and (d) the amount of property benefits equivalent to KRW 7.8 billion in the amount that the Defendant acquired and incurred to the victim, not causing damage equivalent to the same amount.

2. Determination

In the crime of breach of trust, "when a person inflicts property damage" includes not only a case where a real damage has been inflicted but also a case where a risk of actual damage to another property has been inflicted, and once the risk of damage has occurred, so long as a security has been acquired or the damage has been recovered after the fact, it does not affect the establishment of the crime of breach of trust (see Supreme Court Decision 2002Do5679, Feb. 11, 2003).

In light of the above legal principles, it is reasonable to view that the defendant violated his duties and caused the risk of actual damage to the victim's property by purchasing merchandise coupons using a legal seal card under the name of the university. As long as the risk of damage has been caused, even if the defendant used the sales price of the merchandise coupons for the settlement of the corporate card price, this constitutes a ground for normal participation, and it does not affect the crime of breach of trust already established.

Therefore, as stated in the judgment, the Defendant acquired a sum of KRW 7,848,015,981 as stated in the facts constituting the crime, and suffered damages equivalent to the same amount to the victim. Therefore, the above assertion by the Defendant and the defense counsel is not acceptable.

Reasons for sentencing

1. The scope of applicable sentences: Imprisonment for a period of two years and six months to fifteen years; and

2. Application of the sentencing criteria;

[Determination of Type] 5 billion won or more from 30 billion won to 50 billion won for embezzlement and breach of trust

【Special Convicted Persons】

- The mitigation factors: the mitigation factors or significant damage has been recovered;

【General Adopteds】

- Mitigation elements: No record of criminal punishment

[Determination of the recommended territory, Scope of Recommendations] Reduction Area, 2 years and 6 months to 5 years of imprisonment

3. Determination of sentence: Four years of imprisonment; and

The Defendant, as a manager of the accounting team or the accounting team of the university, was in violation of his duties and committed the instant instant crime over at least 3,00 times in total for a period of four years, in violation of his duties, and the amount of damage therefrom exceeds 7.8 billion won, etc. The Defendant shall not be subject to strict punishment against the Defendant in light of the period and frequency of the relevant crime, the method of the commission of the crime, and the amount of damage.

However, in light of the fact that the defendant has no record of criminal punishment and confessions as a substitute for the crime of this case, and most of the damage was recovered in the course of the crime of this case, and the conditions for all sentencing specified in the arguments of this case, such as character and conduct, environment, and circumstances after the crime, etc., the punishment shall be determined as ordered.

Judge Yellow-dong of the presiding judge

Judges Cho Jong-soo

Judges Jeong-chul

(The list of crimes) omitted;