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(영문) 춘천지방법원 영월지원 2018.01.09 2017고정75
업무상배임
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant has been engaged in planning and executing various kinds of field trips, field learning, etc. under the supervision of the Stick-gun D as a public official belonging to the Stick-gun D (a local agricultural community leader).

According to the Enforcement Decree of the Local Accounting Act, the standards for budget execution of local government's expenditure budget, the provisions for travel expenses of public officials, etc., in cases where transportation expenses, etc. are paid to civilians participating in the events held by local governments, the public officials in charge are paid actual expenses by applying the provisions for travel expenses of public officials, despite the fact that the defendant calculated excessive transportation

On August 23, 2013, the Defendant planned an “F” event at the office D office of the static-gun, Gangwon-gu Party E, the Defendant calculated the transport cost to KRW 924,00 (24 on-site study participants x 19,300 won per person transport cost) despite having leased a chartered bus from G to KRW 700,00,00. As above, the Defendant received the compensation for participation in the event containing an excessive amount of traffic cost from D public officials H H, and paid KRW 700,00 of the chartered bus rent to G, and then acquired the remainder property interest of KRW 226,00,000, and incurred damages equivalent to the same amount as the victim boat group.

In addition, from around that time to December 2, 2014, the Defendant acquired property benefits equivalent to KRW 4,164,400 on a total of six occasions, such as the list of crimes in the attached list of crimes, and suffered damage equivalent to the same amount as the victim’s Haak-gun.

Summary of Evidence

1. A protocol concerning the interrogation of each police suspect against the accused;

1. Copies of each protocol concerning the examination of suspect by the police against I, H and J;

1. Copies of each police statement made against K, L, J, and M;

1. A report on internal investigation (the receipt of materials related to compensation from a person in charge of the budget for the planning and audit office of the regular military service);

1. Matters concerning the budget execution guidelines for local governments' expenditures;

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