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(영문) 대전지방법원 2015.05.13 2013고정1837
업무상횡령등
Text

1. Defendant shall be punished by a fine of KRW 1,000,000;

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

Reasons

Criminal facts

From December 23, 2009 to July 25, 2012, the Defendant is a person who has been engaged in overall control over the budget execution under his/her jurisdiction while carrying out D', the territory of the Republic of Korea, the military force of the Republic of Korea, which is the victim, in Gangwon-do.

On April 15, 201, the Defendant purchased personal food from the E Satin house located in Daejeon Pungdong-gu, settled 15,000 won by using the affiliated corporate card, and arbitrarily consumed it regardless of official duties. On April 20, 201, the Defendant paid 36,000 won to a F restaurant located in Daejeon Pungdong-gu and paid 36,00 won by using the affiliated corporate card, and arbitrarily consumed it regardless of official duties.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. The defendant's partial statement (the defendant's statement that the military unit at the time of approval on April 15, 201 was admitted to the Armed Forces Daejeon Hospital and visited the doctor's body in the line of line of line of line of line of line of line of line of line of line of line of the military forces Daejeon Hospital. However, the defendant's name was not memoryed, and the defendant's entrance was not stated as a result of inquiry into the Armed Forces Daejeon Hospital, and thus, the defendant used the corporate card in his/her residence regardless of his/her duties. In addition, the defendant and the witness G alleged that he/she transferred the machines to the defendant's residence at the home of the defendant, but the transfer of the machines to the defendant's dwelling at the home of Daejeon was an individual convenience of the defendant and irrelevant to his/her duties, and therefore,

1. In the third protocol of the trial, witness G (a statement to the effect that the defendant was boomed in Daejeon because he moved his bargaining machine to the office of the defendant in Daejeon) some of the statements made by the witness G;

1. Results of inquiry into the Daejeon Armed Forces Hospital;

1. Application of Acts and subordinate statutes that provide evidential documents for expenses incurred in operating the command department in April 201;

1. Relevant provisions of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act concerning the selection of criminal facts;

1. The former part of Article 37 of the Criminal Code among concurrent crimes.

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