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(영문) 대전지방법원 논산지원 2016.04.26 2015고단709

업무상횡령등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is the head of a facility in which C is operating a local children's center in Seosan-si, and is a person engaged in the affairs such as the establishment of the operation plan of the above center, the management of workers, the national treasury subsidies and support payments.

A subsidized project operator shall faithfully perform the subsidized project with the care of a good manager in accordance with statutes, the details of the decision to grant subsidies, or the disposition of the head of a central government office under statutes, and shall not use the subsidy for any other purpose

Pursuant to Article 59 of the Child Reinstatement Act, the Ministry of Health and Welfare, Chungcheongnam-do, and Seosan-si shall pay operating subsidies ( personnel expenses, facility expenses, and educational programs) to local child centers in proportion to 50% of the national expenses, 15% of the Do expenses, and 35% of the Si expenses.

In operating the Child Center C as above, the Defendant was able to use 15% of the subsidies for operating the Child Center at the local child center received from the victim Seosan-si as the educational program cost, and the Defendant was able to arbitrarily use it at the Defendant’s individual extracurricular and soon’s expense.

From the end of January 2012, the Defendant applied for a subsidy of KRW 11,850,00 by using the information system of social welfare facilities on the public health and welfare website at the above child center and received the payment thereof, and used KRW 1,029,50 out of the above subsidies for the Defendant’s children’s children at the Defendant’s own expense of D, E’s personal extracurricular and Pian E’s broadcast, and then wrongfully embezzled KRW 17,359,00 in total from December 2014, as described in the attached crime list, from that time to December 12, 2014.