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(영문) 인천지방법원 2012.09.27 2012고합783
업무상횡령등
Text

A defendant shall be punished by imprisonment for six months.

9.2 million won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

The Defendant, as a local educational administrative public official, served as the head of the administrative office of Chigh Schools under the jurisdiction of the Incheon Metropolitan Office of Education from March 1, 2002 to December 31, 2008, was in charge of various construction contracts, purchase contracts, fund management, and expenditure of C High Schools, D Middle Schools, E Elementary Schools, and kindergartens attached thereto. From January 1, 2009 to December 31, 201, the Defendant served as the head of the administrative department of Incheon High School from January 1, 2009 to December 31, 2010, and was in charge of various contracts of the above schools.

1. On November 24, 2005, the Defendant: (a) around November 24, 2005, at the Chigh School administrative office, prepared a false disbursement resolution as if he purchased 682,500 won for the purchase of uniforms used by employees for the victims of Incheon Metropolitan City for his occupational purpose; (b) returned the above amount to H’s account after remitting it to H; (c) then arbitrarily used it as one’s card payment payment; (d) around January 19, 2007, 903,000 won for the purchase of uniforms used by employees for the victims in the C High School administrative office while in custody; (c) prepared a false disbursement resolution as if he purchased uniforms used by employees for the victims; (d) transferred the above amount to J account on January 22, 2007; (e) returned it again on January 22, 2007; and (e) embezzled the amount equivalent to KRW 1,585,500 won for the Defendant’s credit card payment, etc.

2. Acceptance of bribe;

A. From K, the Defendant received a bribe of KRW 2,700,000 in total in relation to the Defendant’s duties, who was a public official, by receiving KRW 2,700,000 from K, on July 28, 2007, on the pretext of concluding a supply contract, such as educational materials, etc., for each of the above schools, and providing various conveniences related thereto, from K, under the pretext of examples expenses for concluding a supply contract, and received a bribe of KRW 2,70,000 in relation to the duties of the public official.

B. From L to L, the Defendant for acceptance of bribe is a case regarding the conclusion of a negotiated contract for various facilities construction works with the Dong and each of the above schools and the provision of convenience related thereto.

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