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(영문) 수원지방법원 성남지원 2018.08.24 2018고단1275
업무상횡령등
Text

A defendant shall be punished by imprisonment for a term of one year and four months.

Of the facts charged in the instant case, No. 9,10 each of the annexed crime sight table (1) No. 9,10 each.

Reasons

Punishment of the crime

Defendant is appointed as a local fire-fighting officer around May 26, 2014, and from November 17, 2017, the Defendant served as a class 8 fire-fighting officer at the E fire station located in Gyeonggi D and at the 119 Safety Center.

1. On January 2015, the Defendant was entitled to call from G apartment that is the Defendant’s residence in the Gyeonggi-si, Gwangju-si, to the Victim H, who is a student of the university, to pay the Defendant the amount of profit at least 10% per month by investing money in derivatives, etc. with the money.

The phrase “ makes a false statement.”

However, in fact, the Defendant had been in excess of his/her obligation due to his/her personal rehabilitation procedure, and had already been in an investment by another person in derivatives such as futures options, etc., and had been thought to be used to prevent another person from returning his/her obligation with the investment money, and thus there was no intention or ability to pay the amount of investment proceeds promised to the victim.

On January 12, 2015, the Defendant received KRW 10 million from the victimized person to the post office account (I) account in the name of the Defendant, from around January 12, 2015, and from around May 23, 2018, the Defendant received KRW 444,95,000 in total from the 11st victims, as shown in the attached list of crimes (excluding Nos. 9 and 10 once a year) from around May 23, 2018.

Accordingly, the defendant was informed of the victims to receive property.

2. From November 25, 2017, the Defendant has been engaged in the duties of managing operating expenses of a cafeteria in the premises of the victim E fire station from November 25, 2017.

The Defendant received approximately KRW 10 million per month from the Gyeonggi-do Disaster Safety Headquarters to the Agricultural Cooperative account in the name of the fire station in the name of the fire officer belonging to the E fire station, and kept in the course of business for the victim. On January 30, 2018, the Defendant transferred KRW 60,977,690 to the post office account (K) in the name of the Defendant from the E Fire Station Department around January 30, 2018 and voluntarily consumed for personal purposes, such as debt repayment and stock investment.

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