2013 highest 3523 public electromagnetic records, etc.; any event, business

Embezzlement

○○, Unauthorized Office

National Business Administration (prosecutions) and Dominanty (Public Trial)

Attorney Im Chang-soo

November 29, 2013

A defendant shall be punished by imprisonment for not more than ten months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Facts of crime

From April 2007 to February 4, 2010, the Defendant was a public official belonging to the Daejeon ○ Police Station in charge of duties such as remuneration, public charges, and seizure of claims.

1. Events, such as public electronic records, etc., and electronic records;

On May 17, 2007, the Defendant: (a) accessed the electronic personnel program operated by the Ministry of Public Administration and Security using computers to his personal system; (b) entered the school operation support fund and tuition fee column of the manual into the “410,100 won, a high school school student who is a high school school student,” and subsequently, exercised the public electronic records by allowing the ○○○○ and the branch○○○○○○○ to make a public inspection and approval immediately after the entry into the school operation support fund and tuition column of the manual.

From that time until December 18, 2009, the Defendant, including this, had the Defendant enter various allowances into the public electronic records (e) - the people system and D-BAIN system, and had the ○○○○ and the branch○○○, who had the approving authority, make the public inspection and approval.

As a result, the defendant summarized the records of public officials or public offices for the purpose of interfering with administrative affairs, and exercised the forged public electronic records, etc.

2. Occupational embezzlement;

While the Defendant kept the remuneration of public officials belonging to the Daejeon ○○ Police Station from among the national funds owned by the victim in the Republic of Korea at the date and time and place specified in paragraph (1), he obtained unjust payment of KRW 3,027,610, out of the above high school school tuition allowances and KRW 360,450, out of the school tuition allowances and KRW 450, which include the above high school school tuition allowances in the name of the Defendant on the following day, by inputting the “410,100, which is a high school school student, even though he/she was a high school student at his/her high school level,” as described in paragraph (1).

The Defendant, including that, from that time until December 18, 2009, received a remittance of KRW 8,236,450, total amount of the funds owned by the victim and received KRW 23 times in total by inputting various allowances into a human system, as shown in Table 2 of Crime List 2.

Accordingly, the defendant embezzled the victim's property.

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Compacts, such as public electromagnetic records: Article 227-2 of the Criminal Act;

(b) Events of writing, electronic records, etc.: Articles 229 and 227-2 (c) of the Criminal Act; Business embezzlement: Articles 356 and 355 (1) of the Criminal Act (a inclusive, choice of imprisonment);

1. Aggravation for concurrent crimes;

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

1. Suspension of execution;

Article 62(1) of the Criminal Act

Although the criminal liability of the defendant for the crime of this case is not weak due to the crime of this case, the punishment as ordered is determined by comprehensively taking into account the following factors such as the defendant's age, character and conduct, intelligence and environment, motive, means and consequence of the crime of this case, and the circumstance after the crime of this case.

Judges Lee Yong-soo

A person shall be appointed.