업무상횡령등
[Defendant A] The defendant shall be punished by imprisonment with prison labor for one year
However, the above sentence shall be executed for a period of two years from the date this judgment became final and conclusive.
Punishment of the crime
Defendant
A is a director of C Co., Ltd. (hereinafter referred to as “C”) from February 2001 to March 2016, 201, who actually operates C as a joint representative director of C Co., Ltd. (hereinafter referred to as “C”) and exercises overall control over fund management and enforcement, while substantially operating D Co., Ltd., and Defendant B is a director of C’s accounting division in charge of fund management and enforcement.
1. Embezzlement of subsidies in E (the Defendants’ joint crime)
A. On February 12, 2013, the Defendants were notified by E (hereinafter “E Si”) of “the financial support plan for urban buses in 2013” including the details of urban bus financial support, large-scale scrapping support, etc., and upon receiving notification from E (hereinafter “E Si”), around the 21st day of the same month, the Defendants applied for a large-scale scrap support subsidy of KRW 135 million with the large-scale scrap support, and accordingly, the Defendants applied for a large-scale scrap support subsidy of KRW 135 million with the payment of KRW 15 million with the large-scale scrap support.” Accordingly, around the 26th day of the same month, E applied for a large-scale scrap support.
After that, around June 19, 2013, the Defendants requested for subsidies from E in the following cases: “The Defendants shall use three buses, such as F, G, and H, as subsidies for scrap-scrapping,” and claimed for subsidies from E.
The above subsidy is a subsidy granted pursuant to Article 50 (1) 4 of the Passenger Transport Service Act and the Ordinance on Management of Subsidies for the City and E, and its use is specified, it shall be used only for the purchase cost of three motor vehicle scrapping buses and shall not be used for any other purpose.
Nevertheless, in collusion with the Defendants, at the C Office located in I on June 26, 2013, the Defendant received 1305 million won of large-scale scrapping subsidy from the victim E in the name of the purchase price for F, G, and H buses from the victim E and kept in custody for the victim for business purposes.