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(영문) 춘천지방법원 원주지원 2015.02.11 2014고단1149

업무상횡령등

Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

1. The Defendant is a person who, from around 2006 to January 11, 2014, served as the president of the branch of the Gangwon-do Association for the Disabled, Korea Association for the Disabled and Disabled located in Gangwon-do, and has overall control over the affairs of the Association.

As the president of the above association branch, the Defendant was obligated to keep the retirement reserve by depositing the retirement reserve of himself/herself and persons with disabilities, personnel of the self-support support center, personnel of the support center for activities of persons with disabilities, employees of the support center for activities of persons with disabilities, and employees who are dispatched to massage shall deposit the retirement reserve in the victim's account in the name of the victim.

Nevertheless, the Defendant embezzled KRW 42,51,150, the remainder of the retirement reserve in 2008, KRW 5,428,241, the balance of the retirement pay in 2009, KRW 7,190,313, the balance of the retirement pay in 2010, KRW 7,235,293, KRW 435,865, the balance of the retirement pay in 2012, KRW 42,51,50, the balance of the retirement pay in the year 2013, while the Defendant deposited KRW 15,352,81,150, the balance of the retirement pay in the above account for the victim. From December 8, 2009 to December 27, 2013, the Defendant arbitrarily embezzled KRW 42,274,058 for the purpose of the victim’s arbitrary custody.

2. Violation of the Subsidy Management Act;

A. On November 2012, the Defendant did not provide F and G, an employee of the foregoing Association, H and I, a user of the foregoing Association. However, the Defendant, despite the fact that F and G did not provide the above Association H and I, a person who wishes to receive activity support allowances by settling the voucher card as if F and G provided the above H and I with the above H and I, may file an application for benefits to the Eup/Myeon/Dong, and the person is selected as the subject according to the qualification examination of the Si/Gun/Gu, and the recipient may receive the voucher card issued by the Korea Health and Welfare Information Development Institute and receive the voucher card and then receive the basic activity support allowance for 43 to 107 hours a month according to the grade. In the case of E and E, the National Pension Service should examine the eligibility of the user