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(영문) 광주지방법원 장흥지원 2017.02.09 2016고단220
업무상횡령
Text

Defendant shall be punished by a fine of 2.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a person in charge of Cro, and D affairs belonging to the office of the Gun and the office of the Gun and the office of the defendant in Gangnam-gu.

On March 18, 2016, the Defendant entered into a contract to receive at least 100 of the monthly average of KRW 1,950,000 with G, which is operated by the Dogjin-gun E at the office of the Dogjin-gun Office, and the Defendant entered into an agreement to receive at least 100 of the monthly average of KRW 4,808,00,000, the monthly average of KRW 200, the monthly average of KRW 4,808,00, and the Dogggggggggggggggggggggggggggggggggggggggggggggggggggggggging the amount

On March 30, 2016, the Defendant embezzled the victim’s property by arbitrarily consuming an amount equivalent to KRW 1,950,000 for personal purposes at around that time while he/she was in custody for the victim by receiving KRW 1,950,000, out of the amount remitted by the victim from the said G from the said G.

Summary of Evidence

1. Statement by the defendant in court;

1. Each prosecutor's statement concerning I, J, K, L, M, F, and N;

1. Statement made by the police with regard to F;

1. Each letter of H and F;

1. An investigation report (to attach details of deposits and withdrawals of passbooks submitted by the Fund of the G Company);

1. Application of Acts and subordinate statutes to a plan for the installation of an O market and traffic safety facilities within the jurisdiction of the Gu, a written resolution on the purchase, estimates, purchase (other goods, and expenditure), tax invoices, goods inspection records, delivery records, receipts (P), and the specifications of automobile inspection and maintenance;

1. Article 356 of the Criminal Act applicable to the crime, Articles 356 and 355 (1) of the Criminal Act, the selection of fines, and the selection of fines for the crime;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. In the event that a defendant is sentenced to a fine of at least three million won for the reason of sentencing under Article 334(1) of the Criminal Procedure Act, the status of a public official is deprived. In full view of the circumstances leading up to the instant crime, the amount of embezzlement, etc., the relevant disciplinary committee should determine whether the defendant continues to work and the level of disciplinary action, rather than the retirement of the defendant per year.

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