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(영문) 인천지방법원 2019.05.10 2019고정617
업무상횡령등
Text

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

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

Reasons

Punishment of the crime

1. The Defendant, who violated the Local Finance Act, committed occupational embezzlement and the violation of the Local Finance Act, was willing to use local subsidies of the said Council for personal purposes while working as the secretary of the victim B organization;

Around April 8, 2016, the Defendant, at the head office of Incheon Strengthening Group C, deposited the E passbook (Account Number F) in the name of the victim possessed by the Defendant in a cash withdrawal machine, withdrawn KRW 6 million by withdrawing KRW 5 million by the same method on April 11, 2016, and withdrawn KRW 1760,000 by the same method on April 14, 2016.

As a result, the defendant embezzled the property of the victim who kept on duty, and used local subsidies for other purposes.

2. Around November 2016, the Defendant forged a private document, and the uttering of the private document, indicated that “the proposal column of the expenditure resolution paper,” “the cause for the act column,” “the amount of expenditure portion, KRW 30,000,000,000,000,000” in the expenditure column, “the amount of expenditure portion,” and “the amount of expenditure portion, 4th and four months’ wages” in the expenditure column, and forged one copy of the disbursement resolution document under the name of H, which is a private document on rights and obligations, by arbitrarily stating the signature of H in the expenditure column, and subsequently forged five copies of the expenditure resolution document on the benefits of the 4-8th to the secretary general in the same manner as above, and exercised each of them by presenting it to the strengthen military administration located in the Incheon reinforced Si, Incheon, Incheon, and the public official belonging to the I who knew of such forgery to the public official.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of K, H and L;

1. Decision on the grant of respective local subsidies in 2015, 2016, and 2017;

1. Application of Acts and subordinate statutes to a detailed statement of deposit transactions, a copy of passbook, a detailed statement of operating expenses for business in 2015, a copy of the statement of reasons therefor, and a copy of a disbursement resolution;

1. Relevant Articles 356 and 355(1) of the Criminal Act concerning facts constituting an offense (the occupation of occupational embezzlement) and each former Local Finance Act (Act No. 1500, Oct. 16, 2018).

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