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(영문) 대구지방법원 안동지원 2013.06.14 2013고합25

특정경제범죄가중처벌등에관한법률위반(횡령)등

Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

From April 2004 to May 22, 2013, the Defendant represent the Republic of Korea, and as the head of D, an unincorporated association that implements a project related to the school, the Defendant is a person in charge of the management of D’s personnel, administration, fund management, etc., and E is a person in charge of D’s accounting from around April 2004 to the head of D’s general affairs.

1. The Defendant in violation of the Subsidy Management Act and the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) instructed the head of the department of general affairs E at the D management office located in Jongno-gu Seoul Metropolitan Government F around springing around July 2009 that “30% of the national subsidies shall be used as D operating expenses.” From July 2009 to July 201, E received from the Ministry of Culture, Sports and Tourism a total of KRW 2.35 million from the National Treasury subsidies in the name of “Juvenile Character Education Site Class” under the Defendant’s order that he received KRW 2.35 million from the Ministry of Culture, Sports and Tourism in total nine times in accordance with the above order of the Defendant who received the payment of KRW 2.35 million from the Ministry of Culture, Sports and Tourism as stated in the attached Table of Crimes (1), paid excessive national subsidies by withdrawing the transaction prices with the trading company, such as 546,894,330 won in total of the national subsidies from

Accordingly, the Defendant, in collusion with E, embezzled the above national subsidy and used it for purposes other than the object of the “Juvenile Character Education Site Class”.

2. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) received KRW 1,937,00,000 from the Director of D, including G, to transfer it to the personal account of the suspect in the name of the suspect and embezzled KRW 839,556,014 in total for the personal purpose, such as the investment and repayment of loans, etc., as shown in the attached Table of Crime List (2).

Summary of Evidence

1. Defendant's legal statement;

1. Entry of each statement in the suspect examination protocol of each prosecution concerning E;

1. Each prosecutor's interrogation protocol of H, I, and E.