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(영문) 춘천지방법원 영월지원 2018.01.09 2017고정73
업무상배임
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

The defendant, as a public official belonging to the D Agricultural Technology Center (local community guidance officials), has been engaged in planning and executing various kinds of field trips, field learning, etc. managed by D Agricultural Technology Center.

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 21, 2011, the Defendant planned an “F” event at the D Agricultural Technology Center office located in Gangwon-gu, Gangwon-do, and in fact, the Defendant calculated the transport cost to KRW 646,00 (19 participants in on-site learning x 34,000 per person’s transport cost) despite having leased chartered buses from G to KRW 350,00,00, and paid KRW 350,000 for the chartered bus by receiving the compensation for participation in the event containing excessive traffic cost calculated as above from H public officials of the D Agricultural Technology Center to the account under the Defendant’s name, and paid KRW 350,00 to G, the Defendant acquired economic benefits equivalent to KRW 296,000 in the remainder, and suffered damage equivalent to the same amount as the victim D.

In addition, from around that time to December 30, 2013, the Defendant acquired property benefits equivalent to KRW 6,368,400 in total nine times, such as the list of crimes in the attached list of crimes, and suffered damage equivalent to the same amount as the victim D.

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 data related to compensation from a person in charge of the budget for the planning and audit office of the Korea Military Service);

1. Local governments;

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