logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2018.04.24 2018고단37
업무상횡령
Text

Defendant

A shall be punished by a fine for negligence of KRW 1,000,000, and by a fine of KRW 2,000,000.

The Defendants respectively.

Reasons

Punishment of the crime

1. From September 1, 2002 to August 28, 2017, Defendant A is an assistant to the accounting officer of a school at the D secondary school located in Eunpyeong-gu Seoul Metropolitan Government C, who has engaged in the collection of revenues, etc. from school accounts.

The defendant, due to joint and several sureties's joint and several sureties's debt, has been instructed to demand the creditor's reimbursement, and he has raised money deposited in the victim D middle school's branch account to use it for the purpose of repayment of debt and living expenses.

Accordingly, the Defendant was in custody of the designated financial institution on January 27, 2012, even though the Defendant had to pay the beneficiary-paid expenses deposited into the D Middle School's branch account by the next day, at the D Middle School's administrative office.

D Along with the creation of a password of a middle school (OTP), it was used for personal purposes, such as remitting KRW 600,000 to a new bank account under the name of a creditor E, and it was used for personal purposes from around that time to May 2, 2012 by arbitrarily remitting KRW 9,152,200 in total under the name of repayment of loans and living expenses, etc. over 11 times as shown in the list of crimes in the attached crime list.

Accordingly, the defendant embezzled the victim's property.

2. Defendant B is a person who served as an educational public official of Grade VII in the G elementary school administrative office located in Eunpyeong-gu Seoul Metropolitan Government F from November 1, 2010 to September 30, 2013 and has been engaged in the business of receiving school revenues, paying benefits, etc.

When the Defendant instructed the obligee’s demand for the repayment of the obligation, the Defendant was able to use the idle funds of the victim G elementary school for the personal repayment of the obligation. On November 9, 201, the Defendant deposited KRW 40 million of the victim G elementary school at the NA branch in Seodaemun-gu Seoul Metropolitan Government, in two regular deposit accounts, each of the KRW 10 million, and then deposited the remaining KRW 20 million with the Defendant’s creditor H bank account, and then remitted the amount to the Defendant’s creditor H bank account.

arrow