2018 Highest 89 Occupational Embezzlement, Official Illegal Use, and Official Misappropriation

A person shall be appointed.

Kim Young-young (Court Prosecution) and Park Jong-young (Court Decision)

A person shall be appointed.

February 8, 2018

A defendant shall be punished by imprisonment for two years.

Criminal facts

【Reference Facts】

The Defendant is in Busan from January 1, 2016 to the point of view.

as a public official in charge of facility management;

In addition, it was in charge of general affairs and accounting affairs.

The defendant is an institution entrusted with the above center.

If the department in charge of accounting has sent an official document in accordance with the purpose of accounting, it shall:

Based on this, an electronic document system (e - heading) shall prepare a written resolution of expenditure in the award and have jurisdiction over it.

e - In charge of the affairs executing the budget of the Gu office in the mutual aid system with approval from the Corporation;

had been doing so.

A person who has been instructed to demand repayment due to gambling debts, etc.;

A plan to use money for personal debt repayment, etc. has been carried out.

[Criminal Facts]

1. Occupational embezzlement;

A. The Defendant is against the Defendant’s office in August 23, 2016 and in the foregoing facility management department office.

Busan Bank Account (Account Number) managed by the Corporation (Account Number);

29, 398,020 won in order to withdraw the money table for Busan Bank

The official seal of the agency held after stating the above amount shall be affixed thereto.

was.

The defendant was Busan Bank on the same day

(1) The AFFC’s bank account in the name of the defendant

(Account Number 29, 398, 020 won has been transferred and withdrawn and opened.

The debt was used as debt repayment, etc.

Attached Form 3 from August 23, 2016 to August 25, 2017 by the Defendant

Voluntary consumption of 56,588,030 won in total over 11 times, such as the statement of crime inundation (1)

The embezzlement was made.

(b) Sports facilities, stores, etc.;

(1) The title of the depreciation costs, when operating the facility on commission;

money to be deposited in the United States bank and the

The Defendant was in charge of the ordinary account. The Defendant was in charge of the ordinary account.

At the request of the commission, the withdrawal of the business fund has been made.

Defendant: (a) on July 2017, between the two: (b) the Defendant: (c) the fluor; (d) the fluor;

by finding the key at the place where the key is set up, and by finding the corrected bookbook;

(2) If the bank’s account and the seal is affixed to the account’s account

A statement of money for the U.S. bank has been in place.

The Defendant’s custody on July 24, 2017 by the Busan Bank itself.

The official seal of the Director was affixed to the above monetary list. The seal was affixed to the Director.

80,000,000,000

189, 853,740 won (Account Number) in the Agricultural Cooperative Deposit Account in the name of the defendant

The Defendant transferred money deposited in the said Nonghyup Deposit Account. The Defendant

The withdrawal was used as personal debt repayment, etc.

Accordingly, the Defendant voluntarily consumed 189, 853, 740 won and embezzled it.

2. Illegal use;

The Defendant on August 23, 2016 at the above facility management department office Busan on August 23, 2016

Account Number 29, 389, 020 won, August 2016

23 days or in the case of transfer to another account;

Bank Co., Ltd., 29, 389, 020 Won " and thereafter, the defendant appears in the above statement of money

The official seal of the chief director was affixed.

The Defendant commits an offense in attached Form in the aforesaid manner from August 23, 2016 to August 25, 2017.

Pursuant to paragraph (2) of the Code of Offenses, a total of 10 times

The official seal of the head of the agency was affixed arbitrarily.

For the purpose of uttering, the Defendant’s seal, signature, and name of a public official or public office.

or marks were used unlawfully.

3. Illegally recognized events;

The Defendant on August 23, 2016, as the foregoing Busan Bank Paragraph 1.

The PPP submitted the PP check to an employee of the Busan Bank who is not aware of the fact.

The Defendant commits an offense in attached Form in the aforesaid manner from August 23, 2016 to August 25, 2017.

Pursuant to paragraph (2) of the Code of Offenses, in the case of Busan, at will a total of 10 times;

was submitted to the executive officer.

Accordingly, the defendant's seals, signatures, names or seals of public officials or public offices improperly used; or

The marks were exercised.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the examination of the accused by the prosecution;

Each police statement protocol on police;

Written Statements

1. Investigation report (as for an accuser's interview and attachment of field photographs), investigation report (as for CCTVs in banks);

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Application of Statutes

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

Articles 356 and 355(1) of the Criminal Act (the point of occupational embezzlement and the choice of imprisonment) and Article 238 of the Criminal Act

Article 238(2) and (1) of the Criminal Act (Unlawful Use of Official Seal)

The holding of the event

1. Aggravation for concurrent crimes;

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

Reasons for sentencing

The sum of the embezzlement amount in this case reaches KRW 246, 441, 770. The Defendant is a public official.

his duty of integrity, integrity, etc. to be omitted in gambling and to be incurred by gambling.

In order to resolve the crime of this case, local administrative budget has been imposed.

In deficit, damage, such as influence and confusion in the performance of official duties, shall be prevented, and in

The defendant's liability is very heavy. The defendant's escape life is about four months after the discovery of the crime.

The circumstances after the commission of the crime are very poor. The damages did not have been repaid.

(c)

On the other hand, the defendant is both aware of the crime and reflects it.

These various circumstances, the age, character and conduct, environment, etc. of the defendant and the trial process;

The sentence shall be determined as ordered in consideration of all the conditions of the sentencing.

Judges Doo-rayia