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(영문) 수원지방법원 성남지원 2017.01.19 2016고정878
업무상횡령
Text

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

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

Reasons

Punishment of the crime

From December 2, 2007 to February 2, 2016, the Defendant was engaged in the duties such as operation of the stable room while working as the Corcocococoum for D elementary school located in the branch of the Gyeonggi-nam city.

On November 1, 2014, the Defendant spent KRW 20,272,137 as a total of KRW 87,34,270,270,000, which was kept in the account under the name of the president E of the parent association of the parents association, for the purpose of entertainment expenses, from around December 27, 2014 to around May 19, 2015, when the Defendant was entrusted by the victim’s parents E, etc. with the use of the stable operation expenses and auxiliary radar personnel expenses. In addition, the Defendant spent KRW 370,00,000, which was kept in the said account in around December 27, 2014, for the personal purpose, from around 87 times as indicated in the list of crimes in the attached Table.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness H and I;

1. Statement made by the police to J;

1. Each statement K and L;

1. Application of Acts and subordinate statutes to letters of request for deposit, and details of each liquidity transaction;

1. Article 356 of the Criminal Act and Article 355 (1) of the same Act concerning the facts constituting an offense (excluding punishment);

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

1. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act include: (a) the Defendant used part of the money deposited in the stable operation account entrusted by his parents in combination with his own money for private purposes; and (b) compared with the period delegated by the Defendant and the amount of expenditure during the period before and after the commission period, most of the money deposited by the Defendant at the time when the Defendant managed the account appears to have been used directly and indirectly for the operation of the stable; and (c) the sentencing conditions specified in the instant trial process, including the Defendant’s age, sexual behavior, family relationship, family environment, motive and means of the crime, and circumstances after the crime, etc., are comprehensively determined as the sentence as per Disposition.

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