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(영문) 창원지방법원 진주지원 2016.05.17 2016고단245
업무상횡령
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From February 1, 2006 to June 30, 201, the Defendant served as an assistant to the accounts of each school at the F elementary school located in the Nam Sea E from July 1, 2012 to August 31, 2013, and was in charge of the accounting receipt of the school, revenue, and cash management other than revenue and expenditure. From September 1, 2013 to June 30, 201, the Defendant was in charge of the accounting receipt of the school and the receipt, disbursement, and custody of the cash of the school or goods at the H elementary school located in the Namnam Sea G located in the Chungcheongnam-gu Seoul metropolitan area as the head of the administrative office and the accounting treasurer of the school.

1. On April 20, 2010, the Defendant received four-time premiums, etc. from non-regular employees in cash management accounts other than revenue and expenditure in the name of the victim D elementary school in the name of Kimhae-si, Kimhae-si, and transferred a total of KRW 480,280 to the Defendant’s account in the name of the Defendant (Seoul J) while working for the above elementary school, and embezzled it on a voluntary basis by using living expenses, etc. around that time.

2. A. On February 28, 2013, the Defendant received 42,640 won from non-regular employees to cash management accounts in the name of the victim F elementary school, other than revenue and expenditure, in the name of the victim F elementary school in the Nam-Namnam-gun, the Defendant: (a) transferred 42,640 won to the Defendant’s account in the name of the Defendant for the said elementary school; and (b) arbitrarily used it as living expenses, etc. around that time, and embezzled it for business purposes.

B. On July 22, 2013, the Defendant transferred KRW 80,410 from the cash management account in the name of the victim F elementary school, other than revenue and expenditure, to the Defendant’s account in the name of the Defendant in the same manner as indicated in the preceding paragraph at the same place as indicated in the preceding paragraph, and wrongfully embezzled it by using living expenses, etc. around that time.

3. On October 28, 2013, the Defendant is a cash management account in the name of the victim H elementary school, other than revenue and expenditure, managed by the Defendant at the H elementary school administrative office located in the Southern Navy G, Nam-gun, 2013.

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