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(영문) 전주지방법원 2013.12.19 2013고합192
특정범죄가중처벌등에관한법률위반(국고등손실)등
Text

A defendant shall be punished by imprisonment for three years.

169,010,080 won shall be additionally collected from the defendant.

The additional collection charge shall be equivalent to the above additional collection charge.

Reasons

Punishment of the crime

From March 1, 2007 to December 31, 2010, the Defendant was a treasurer in charge of general affairs, accounting, expenditure management, etc. while serving as the Head of the Jan E Elementary School Administration Office (Education Administration Grade VII), the Chief of the D Elementary School Administration Office (Education Administration Grade VII) from January 1, 201 to December 31 of the same year from January 1, 201 to December 31, 201, and the Chief of the Jan Elementary School Administration Office (Education Administration Grade VI) from January 1, 2012 to May 30, 2013.

1. As above, the Defendant’s intent to withdraw public funds by preparing a false statement of expenditure or forging a written request for a deposit, etc. with the intent of being employed as the head of the school administration office, and embezzlement;

A. From March 14, 2007, the Jinan C Middle School Administrative Office: (a) as if the amount supplied by the company F was KRW 105,00,00, the fact was purchased at KRW 180,000, the company’s “F,” a false disbursement resolution; (b) withdrawn KRW 180,000 from the Agricultural Cooperative Account (Account Number G) in the name of C Middle School; and (c) voluntarily consumed the difference of KRW 75,000 at the time of the occupational storage; (d) from that time until March 28, 2013, embezzled total of KRW 573,44,446, total amount of KRW 760, as shown in the attached list of crimes (1) from that time until March 28, 2013;

B. Around May 13, 2011, at the Jinsil Agricultural Branch, the fact, with respect to withdrawal of KRW 80,180,912 deposited in a regular deposit account opened in the name of D elementary school (one account number H, maturity of July 28, 201), was forged as if the principal had been authorized by the said school principal I, submitted to the said NA for the forgery of a claim for deposit, withdrawn the amount from the said account, and made a voluntary consumption of living expenses, etc. around that time, while in the course of the occupational storage, and embezzled KRW 213,172,127 in total five times from that time until May 4, 2012, such as the attached list of crimes (5).

Ultimately, the Defendant knew that it would incur loss to the National Treasury or local governments as above between March 14, 2007 and March 28, 2013.

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