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(영문) 광주지방법원 장흥지원 2015.09.10 2014고단118

업무상횡령등

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date of the final judgment.

(e).

Reasons

Punishment of the crime

The Defendant is a person who actually operates the K Child Care Center (hereinafter referred to as the “K Child Care Center”), the I Child Care Center, or the L Area Child Center (hereinafter referred to as the “L Children Center”), and is in charge of overall management of affairs.

1. Crimes related to the K Child Care Center;

A. The Defendant committed fraud, violation of the Infant Care Act, and violation of the Act on the Budgeting and Management of Subsidies with the fact that M&A subsidized 80% of the personnel expenses of infant care teachers and 100% of the personnel expenses of cooking staff as subsidies to those operating infant care centers, which are dedicated to infants, in the K Child Care Center, which is a child care center for infants, with the intention of taking advantage of the fact that he/she had worked as infant care teachers or cooking staff, he/she was falsely registered with the M&A office, thereby taking the amount equivalent

1) The Defendant violated the Act on the Budgeting and Management of Subsidies and the Act on the Budgeting and Management of Subsidies on June 25, 2007, as if N had worked as a cooking employee of K childcare centers, filed an application for a subsidy of KRW 1,33,850 in terms of personnel expenses with respect to residents’ welfare and public officials in charge in the MU located within the MO located within the NA. However, the Defendant used that K childcare centers and I childcare centers are located adjacent to K childcare centers and I childcare centers, and had a cook in the I childcare center prepare meals and meals for children of K childcare centers and K childcare centers, and N did not work as an employee of K childcare centers, and there was no intent or ability to receive legitimate subsidies from the victim. The Defendant received subsidies from the victim in the name of the Defendant’s P account No. 1,333,38,380, in the name of the Defendant’s account number in the name of labor expense for NM, under the name of the Defendant’s P account number (TF).