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(영문) 대전지방법원 공주지원 2016.07.22 2016고정41
업무상횡령
Text

Defendant shall be punished by a fine of KRW 2,500,000.

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

Reasons

. The Defendant, who committed the crime, was working as the principal of the E Middle School in Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-do, and was in charge of the disbursement and enforcement management of the school budget.

In the process of using school budget organized by educational expenses, work promotion expenses, etc., the defendant thought that the actual will use the budget for personal purposes, but he prepared a false statement of expenditure and approved it as if he purchases goods within the budget, he thought that the school budget kept by the defendant for personal purposes.

Accordingly, on October 21, 2013, the Defendant, at the school principal room of the above school, had F, a teacher for sports and a fixed-term sports, receive a letter of expenditure for ES40 1 gambling (ES40 12 interference *25 l) under the pretext of “purchase of sports and class goods”, and approved it, and used the mold purchased with the budget for personal purposes.

As a result, the Defendant embezzled KRW 520,00,00, which is a budget of the E secondary school, by arbitrarily using the same while carrying out his duties.

From that time to April 13, 2015, the Defendant embezzled total of KRW 4,166,00,000, which the Defendant had kept on duty, on a total of 12 occasions, as shown in the list of crimes in the attached Table.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to G, F, H, I, J, and K;

1. Each investigation report (to be accompanied by data submitted by H and I);

1. Application of Acts and subordinate statutes to each disbursement resolution;

1. Relevant Article 356 of the Criminal Act, Articles 355 (1) and 355 of the Criminal Act, and the choice of fines for the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is the best example of the Defendant, and the principal who must guide and supervise teachers, rather than committing a crime, has the honor of the schools and teachers, and has the confidence of the people.

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