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(영문) 청주지방법원 충주지원 2018.01.19 2017고단318

업무상횡령등

Text

Defendant

A shall be punished by a fine of KRW 8,000,00, Defendant B and C, respectively, by a fine of KRW 5,000,000.

The Defendants respectively.

Reasons

Punishment of the crime

1. The Defendants’ joint crime (occupational embezzlement) committed by the Defendants (i.e., the Defendant B) as the chairperson of the Victim’s Association (hereinafter referred to as the “Council of Farmers”) from March 2012 to December 2015, engaging in the operation of the said organization and the management of subsidies.

Defendant

C From March 2012 to March 2014, 2014, C served as one of the “I Agricultural Cooperatives (hereinafter “I agricultural cooperatives”) located in H” (hereinafter “I agricultural cooperatives”). < Amended by Act No. 11335, Mar. 3, 2012>

Defendant

A worked as an employee of the said marina from March 2012 to December 4, 2015.

The above farmers' association, who received subsidies from the victim J, shall not violate the purpose of the subsidy program, details of the subsidy program, conditions of the subsidy program, and relevant statutes, and shall not use the subsidy for any other purpose. On May 2, 2012, Defendant B received a subsidy of KRW 600,000 from the above victims in the name of "Support for Services to Agricultural Village Residents in 2012" as "G Farmers's Agricultural Association B's Agricultural Account (Account Number:K)" and received the subsidy of KRW 6 million for the above victims in the course of business.

In addition, Defendant C received a request from Defendant C to the effect that “the subsidies received by the J may be commercialized” from Defendant C, on April 2012, Defendant C received a request from Defendant B to the effect that “the payment was made on a card and the refund was made in cash.” On the other hand, Defendant A, who was in charge of store management at the time, instructed Defendant A to accept the said request.

Accordingly, Defendant A received a request for the settlement of the price of goods, such as bread, from Defendant B as one of the above around May 5, 2012, and settled KRW 905,390,000 with a physical card (credit card number: L) connected to the deposited account, and then returned KRW 690,000 among them and paid the amount in cash to Defendant B. From around that time to October 7, 2014, Defendant A paid the amount equivalent to that amount in cash, as shown in the attached Table 1, the daily list of crimes.