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(영문) 수원지방법원 안양지원 2014.12.30 2013고단1399

업무상횡령등

Text

Defendant

A shall be punished by imprisonment with prison labor for a year and six months, and by imprisonment with prison labor for a year.

However, as to Defendant B, this shall not apply.

Reasons

Punishment of the crime

It is necessary to revise and supplement part of the facts charged without following the amendment of indictment to the extent that it seems that there is no concern about actual disadvantage to the defendants' defense right.

1. The Defendant, from January 1, 200 to August 201, 203, operated the G Early Education Center (hereinafter “Support Center”) for the children with intellectual, developmental, and pulmonary disabilities from the F and the 2nd floor of Ansan-si, Ansan-si, and, on October 26, 2004, established the Hyang-si Branch of an incorporated association on the 3rd floor of the above building, reported and operated a G short-term protection facility (hereinafter “short-term protection facility”) with a capacity of 10 persons with disabilities under the above corporation’s name at the time of learning of the above corporation’s residential facility (hereinafter “short-term protection facility”), and around February 29, 2008, reported and operated at the time of the establishment of the Jyang-si, the vocational rehabilitation facility for the disabled, which is 12 persons with disabilities, in the name of the above corporation’s name at the time of the establishment and around December 17, 2010.

The Defendant, while substantially operating a short-term protection facility, protection workplace, and communal home, employs the heads of each facility formally, and directly manages the subsidy limited to the purpose of use for each facility each quarter in Ansan-si along with the Defendant’s husband M in order to use the borrowed name account in the name of the employee or to register false employees in the name of the Defendant’s husband M, and used it at will by using the borrowed name account in the name of the employee, and voluntarily withdrawing the subsidy in the name of the employee and arbitrarily using it, while managing the passbook of the recipient of the basic living security (disabled).

thus, the Commission;