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(영문) 광주지방법원 순천지원 2016.08.22 2016고정212
업무상횡령
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

From January 1, 2013 to May 11, 2015, the Defendant is a person who exercises overall control over the operation of the said Agricultural Technology Center, such as managing and supervising the assets, budget, etc. of the said Center.

1. The Defendant, from January 1, 2013 to August 23, 2014, used the above manager of the Agricultural Technology Center in F for residential purposes together with his family members, imposed to G companies in charge of expenditures for public operation expenses of the said manager’s public operation expenses on G for March 2013, the Defendant spent KRW 153,280 of the said manager’s electric utility fee for the above manager’s public operation expenses as the budget from January 1, 2013 to July 2013; from April 2013 to September 2014, the amount equivalent to KRW 449,828 of the said manager’s electric utility fee for the foregoing manager’s electrical operation expenses; from January 1, 2013 to September 2014 to the above manager’s 636,500, and from January 1, 2013 to August 23, 2014 to the account manager’s budget.

As above, the Defendant embezzled the total amount of KRW 2,273,528 of the budget for the public operation expenses of the above Agricultural Technology Center by allowing the accounting practitioners to spend it as the expense of the manager he/she used.

2. On August 23, 2014, around August 23, 2014, the Defendant brought 5 even furnitures, which are equipment installed in the manager of the said Agricultural Technology Center, and 2 directors, installed in a ward toilet and an inner toilet, and arbitrarily brought about.

As above, Defendant 1 arbitrarily embezzled equipment that could not know the market price owned by the said Agricultural Technology Center while in the course of its business.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution with respect to G, H and I;

1. Part concerning H or I statement in the second-time police interrogation protocol against the accused;

1. Application of the law of each police statement protocol to G, I, and H

1. Relevant legal provisions and Articles 356 and 355(1) of the Criminal Act regarding criminal facts (the selection of punishment, the reflection of punishment, and the full return of embezzlement and embezzlement equipment), and the instant case.

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