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(영문) 대구지방법원 서부지원 2015.04.03 2015고단165
업무상횡령
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

From January 1, 2014, the Defendant is the head of the administrative office (the assistant of local educational assistant) of the D Elementary School, a public elementary school in Seongbuk-gun, Seongbuk-gun, G, and is engaged in accounting, revenue, and expenditure.

Upon receiving a large amount of debt, the Defendant was able to withdraw and use public funds from the above school funds kept in the custody, and prepared a false disbursement resolution in the above school administrative office on February 17, 2014 on the pretext of purchasing water tank at the above school administrative office, and entered the above school principal office office into the above school principal office and approved the password and ID on the computer located therein, and transferred KRW 6,693,000 from the agricultural bank account in the above school name to the agricultural bank account in the name of the Defendant, and embezzled by arbitrarily consuming it by means of debt repayment and living expenses.

In addition, from around that time to November 16, 2014, the Defendant embezzled the sum of 151,169,660 won of the public funds owned by the Republic of Korea owned by the victim for 54 times in total as shown in the attached list of crimes in the same manner.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A written accusation;

1. Evidential materials on the current status of embezzlement and misappropriation;

1. A written disbursement resolution, account transfer statement, remittance statement, request for payment without passbook, and F new bank passbook;

1. F.C.C. (H);

1. The Agricultural Cooperatives (I) ;

1. Application of the Act and subordinate statutes to suspect agricultural cooperatives;

1. The reasons for sentencing under Article 356 of the pertinent Act and Articles 355(1) of the Criminal Act regarding criminal facts and Articles 356 and 355(1) of the Criminal Act (elective of imprisonment) are as public officials, for a considerable period of time, the Defendant embezzled public funds for a considerable period of time, and the total sum of which exceeds KRW 150 million, and most of the damages are not recovered, except for partial repayment, in the course of committing the crime, but the punishment shall be determined as per the order, taking into account the following factors: (a) confession

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