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(영문) 춘천지방법원 영월지원 2018.01.09 2017고단28
업무상배임
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant, as a public official belonging to B (local rural community leader), has been engaged in planning and executing various kinds of field trips, field learning, etc. managed by B as a public official belonging to B.

According to the Enforcement Decree of the Local Accounting Act, the standards for budget execution of local government expenditure budget, the provisions for travel expenses of public officials, etc., when paying transportation expenses, lodging expenses, etc. to civilians participating in the events held by local governments, the public officials in charge were to pay actual expenses by applying the provisions for travel expenses of public officials, but the defendant was willing to receive pecuniary benefits equivalent to the difference after calculating transportation expenses, lodging expenses

On October 28, 2009, the Defendant planned the “D” event at the B office located in Gangnamwon C, and the Defendant calculated the transport cost to KRW 1,375,000 (55 participants in on-site learning x 25,000 per person transportation cost) despite renting chartered buses from E for KRW 80,00,00. On November 4, 2009, when the compensation for participation in the event, which includes transport cost calculated excessively as above, was paid to F, the Defendant returned the compensation for participation in the above event from F to the account under the name of the Defendant, and paid KRW 80,000,000, the remainder of the compensation for participation in the event, acquired economic benefits equivalent to KRW 575,000, and sustained damages equivalent to the same amount to the victim G.

In addition, from around that time to April 10, 2015, the Defendant acquired property benefits equivalent to 12,918,600 won in total over 16 times, such as the list of crimes in the annexed list of crimes, and suffered damage equivalent to the same amount in the victim G.

Summary of Evidence

1. A protocol concerning the suspect examination of the accused by the prosecution;

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

1. Each police statement made with respect to K, F, L, M, and N;

1. Copies of each police statement made to theO, J, P, Q, and R;

1. A fire-fighting report (G Planning and Inspection Office);

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