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(영문) 의정부지방법원 고양지원 2014.09.18 2012고단1714
업무상횡령
Text

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

Reasons

Criminal facts

1. From September 16, 2003, the Defendant used the victim’s corporate card while working for the victim’s contractual worker, general service worker, secretary general, etc. as the founder of the victim’s “school juristic person D” and for the victim’s corporate card while working for the victim’s contractual worker, general service worker, and secretary general.

The corporate card may be used only when necessary in connection with the affairs of the victim, such as the purchase of goods, the reception of visitors, and the staff meeting, and shall not be used for personal purposes.

On January 13, 2006, the Defendant, at an entertainment drinking house located in Gangnam-gu Seoul Metropolitan Government F, 490,000 won, after drinking alcohol in the “G” entertainment drinking house, using a corporate card, used it for entertainment expenses at will.

In addition, from that time to April 13, 2011, the Defendant: (a) as indicated in attached Form 28 to 204, “Embezzlement” means “a method of breach of trust”; (b) throughout 177 times, the Defendant, regardless of the victim’s duties, made payments by using a corporate card in an massage procedure, an entertainment drinking house, etc.; (c) thereby, in violation of his/her duties, he/she acquired pecuniary benefits equivalent to KRW 44,590,375 by using a corporate card for personal purposes; and (d) suffered damage equivalent to the same amount as the victim suffered.

2. On January 1, 2008, the Defendant was reappointed to the Secretary General of the Victim’s School Foundation D on the part of the Defendant, and was in general in charge of the victim’s budget and other affairs.

Inasmuch as the Local Public Officials Act shall apply mutatis mutandis to the determination of salary grades for general employees of school juristic persons by the articles of incorporation of school juristic persons, career experience shall be calculated pursuant to the Local Public Officials Act. Accordingly, as of February 4, 2008, the Defendant, at the time of February 4, 2008, was with the experience of “class 4 class 6 class, class 6 class, and class 9 year for fixed work.” However, the Defendant’s excessive salary grade was defined as “class 4 class 15 class, class 15 class, and class 14 years for fixed work,” and received KRW 1,206,

In addition, the defendant from that time to March 31, 2012.

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