2015 highest 881 Occupational Embezzlement, electronic records, etc., concealment of public documents, duties

Abandonment

A

Gangwon-gu (Public Prosecution) and Mali-gu (Public Trial)

Law Firm B

Attorney C

April 29, 2015

A defendant shall be punished by imprisonment for two years.

Criminal facts

From February 2, 2011 to February 2014, the Defendant was a police officer in charge of the criminal justice information system (KICS) management and the management of seized articles while serving as a slope belonging to the Busan City police station investigation and E team located in D.

During the above period, the Defendant had the authority to manage the criminal justice information system, and was in charge of computerized inputs related to the handling of the case, such as the receipt of the case, the management of seized articles, and the transfer of the case, and confirmed the omission of seized articles in comparison with the list of seized articles at the accounting division keeping the seized articles, such as cash, or storage of seized articles, and then transferred the seized articles to the person in charge of transfer along with the records of the case.

1. Occupational embezzlement;

On May 1, 2012, the Defendant embezzled total amount of KRW 31,351,00,000, which is confiscated in the same way as shown in the attached crime list from around December 12, 2013 to December 17, 2013, for personal purposes, such as stock investment and payment of interest on loans, while searching for cash, which is the object of seizure of the case subject to violation of the Act on the Promotion of Game Industry by case number of the Busan M&S Police Station and cashier’s checks, which was requested by the person in charge of the case at the Busan Police Station investigation and the E team Office.

2. Compilation of public electronic records, etc.;

On May 1, 2012, the Defendant concealed the records of the case under violation of the Act on Promotion of Game Industry, which was requested by the person in charge of the case at the Busan Police Station investigation and the E Team office, in the storage of the seized articles without handing over the records to the person in charge of the case. However, the Defendant abused the authority of the criminal justice information system in order to conceal the facts of embezzlement of the seized articles, etc., and sent the records of the case of the criminal justice information system to the prosecutor by entering false facts by using the authority of the manager of the criminal justice information system for the purpose of handling administrative affairs, such as concealing the facts of embezzlement of the seized articles in the above case.

3. Concealment of public documents;

On May 1, 2012, the Defendant concealed the records of the case against the violation of the F Game Industry Promotion Act, which was requested by the person in charge of the case at the Busan Police Station investigation and the E Team office, in the custody of the seized articles without handing over the records to the person in charge of the case, and concealed the records of the case against the 17 cases, a public document, from around that time to December 12, 2013, in the same way as the records of the attached crime list, from around 17 times in total, as shown in the attached list of crimes.

4. Abandonment of duties.

On May 1, 2012, the Defendant was requested from the person in charge of the instant case at the investigation of the Busan High Police Station and the E Team office to transfer the case to the Busan High Police Station Case Number F Game Industry Promotion Act. As such, the Defendant confirmed the omission of the seized articles in comparison with the list of seized articles after searching for the seized articles from the accounting department keeping the seized articles, such as cash, or from the storage of seized articles, and then transferred the seized articles to G (the person in charge of transfer) along with the records of the instant case

Nevertheless, the Defendant arbitrarily used and embezzled 7,150,000 won in cash among the seized articles in the above case for personal purposes, concealed the remainder of the seized articles and the records of the above case in the warehouse, and abandons his duties without justifiable grounds, as shown in the separate list of crimes, from around that time to December 12, 2013, and neglected his duties 17 times in total without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's protocol of examination of the accused;

1. Each police statement of G and H;

1. A copy of the records of offenses committed by police officers in breach of duty, an accusation, request for investigation, photographic data, each investigation report, sight tag, capture data, records of seizure, records of seized articles, records of seizure, records of seized articles, records of seized articles, records of seized articles, records of seizure, list of concealed cases;

Application of Statutes

1. Article applicable to criminal facts;

Articles 356, 355(1) (the point of occupational embezzlement), 227-2 (the point of possession of an electronic recording document), 141(1) (the point of concealment of public documents), and 122 (the point of a neglect of duties) of the Criminal Act

1. Commercial competition;

Articles 40 and 50 of the Criminal Act

1. Selection of punishment;

Each Imprisonment Selection

1. Aggravation for concurrent crimes;

1. The grounds for the sentencing of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the Criminal Act;

(a) Crimes of occupational embezzlement;

[Determination of Punishment] Type 1 (less than KRW 100,00), Basic Area

[Special Sentencing] In a case where the law of the acceptance of a crime is extremely poor, or a case where significant damage has been recovered (requirements of mitigation)

[Scope of Recommendation and Punishment] Imprisonment from April to April

(b) Crimes of writing public electronic records;

[Determination of Punishment] Where a serious social harm has been caused due to a crime of forgery, alteration, etc. of official documents, etc., type 1 (non-business, non-structured) and aggravated area (special person) (aggravated element)

[Scope of Recommendation and Punishment] Imprisonment of one year and six months to three years

2. Handling multiple crimes: Imprisonment with prison labor for one year and six months to fifteen years (the lower limit of the recommended sentences set in the sentencing guidelines for each of the above crimes for which the sentencing guidelines are set shall apply, and the upper limit shall be set);

3. Determination of sentence: The criminal defendant, who is a police officer, embezzled 30 million won in cash, which is a seizure article for a total of 17 months and one year and 8 months; used it as stock investment money, etc.; input false facts by using the hub of the criminal justice information system he/she manages in order to conceal the embezzlement, thereby manipulating the electronic records and concealing the records of the suspected crime; and the defendant, who is a police officer on the main part of the crime prevention activities and criminal investigation, must perform duties in a more fair and transparent manner than who is a public official, should be an example of his/her own status;

Considering the fact that the nature of the crime is extremely poor and high in light of the period of the crime, the method of the crime and the amount of embezzlement, etc., as a serious criminal act with the awareness of the excessive position, the defendant may not be severely punished, if considering the fact that the crime was committed in the above, causing the general public's influence with respect to police officers who live in fairness and integrity. However, a considerable amount of money is deposited in the amount of occupational embezzlement, and if the crime of this case is excluded, the fact that the defendant faithfully served as police officers for 20 years shall be considered as favorable circumstances. It is so decided as per Disposition by taking into account all the motive and background of the crime of this case, the defendant's age, character and conduct, family environment, etc.

Judges Kim Jae-young