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(영문) 인천지방법원 2018.12.06 2018고단2700
업무상횡령등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

From March 1, 2015 to July 14, 2017, the Defendant took overall control of school affairs as the principal of C elementary school who was damaged in Yeonsu-gu Incheon, Yeonsu-gu, and engaged in the management of school accounts.

On November 10, 2015, the Defendant: (a) completed a conference that took place in Bupyeong-gu, Incheon; (b) completed a conference with the development of the students in charge of the sixth-year course of the above school; and (c) completed a conference with the development of the students in charge of the six-year course of the above school; and (d) had the teachers in the above school pay the amount of KRW 180,000 even if the meeting cost had already been KRW 180,00; (b) had the F of the above school pay the amount of KRW 260,000; and (c) had the receipt amount of KRW 80,000, which was issued for the above school, and

In addition, the Defendant arbitrarily consumed the total amount of KRW 50,00 in six times as indicated in the list of offenses between the Defendant and December 30, 2016, and embezzled the victim’s property by arbitrarily consuming the total amount of KRW 550,000 in the same manner.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written answer by G, H and I;

1. Statement of each interview conducted by J and K;

1. A written resolution on expenditure and a receipt;

1. Delivery of a report on internal investigation (referring to audit data);

1. Application of Acts and subordinate statutes to an investigation report (Attachment to written meetings with reference witnesses), interview protocol, investigation report (to hear statements by reference witnesses);

1. Article 356 of the Criminal Act, Articles 355 (1) and 355 of the Criminal Act, and the selection of fines for the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act, as the principal of a school, the Defendant, as the principal of the school, has to complete the operation and accounting management of the school, committed the instant crime by arbitrarily consuming the cost of performing his duties.

However, the defendant recognizes his mistake in this court.

The sum of the embezzlement amount is equivalent to KRW 550,000,000, and both the amount and the amount of disciplinary penalty were paid.

The defendant's age, sex, family relationship, and other circumstances.

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