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(영문) 춘천지방법원 영월지원 2018.01.09 2017고정71
업무상배임
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant has been engaged in planning and executing various kinds of field trips, field learning, etc. under the supervision of the fixed-line D as a public official belonging to the fixed-line D (a professional experience-based Na), which is managed by the fixed-line D.

According to the Enforcement Decree of the Local Accounting Act, the standards for budget execution of local government expenditure budget, the provisions for travel expenses of public officials, etc., when paying transportation expenses, lodging expenses, etc. to civilians participating in the events held by local governments, the public officials in charge were to pay actual expenses by applying the provisions for travel expenses of public officials, but the defendant was willing to receive pecuniary benefits equivalent to the difference after calculating transportation expenses, lodging expenses

On December 1, 2015, the Defendant planned an “F” event at the office D office located in Gangwon-gun E, Gangwon-gun, the Defendant calculated the transport cost of KRW 2,400,000 (for on-site learning participants x 30,000 per person’s transport cost x 80,000), despite having leased chartered buses of KRW 1,30,00,000 from G, and on December 9, 2015, the Defendant paid the compensation for participation in the event, which includes transport cost calculated excessively as above, to H, who is the representative of the farmer participating in the on-site learning, paid the compensation for participation in the event at KRW 1,30,00 in cash and paid KRW 1,30,000 to G, the remainder of KRW 1,100,000, and sustained the same amount of property loss to the victim group.

Summary of Evidence

1. A protocol concerning the interrogation of each police suspect against the accused;

1. Copies of each protocol concerning the examination of suspect by the police to I, J, or K;

1. Copies of each police statement made against L, M, K, and N;

1. A report on internal investigation (the receipt of materials related to compensation from a person in charge of the budget for the planning and audit office of the regular military service);

1. Details of transaction in AFC (O);

1. Answer to inquiries concerning budget execution guidelines for local governments' expenditures;

1. Investigation report (the details in receipt of a reply to questioning against the division of the administrative autonomous accounting system);

1.F. 2015

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