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(영문) 대구지방법원 영덕지원 2014.11.26 2014고정3

업무상횡령

Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

From July 1, 2011, the Defendant, as the president of the D organization located in Chungcheongnam-gun C (hereinafter “D organization”), has overall control over the management and disbursement of the “E” business subsidies granted quarterly by the Ulsan-gun Office.

1) Around January 18, 2012, the Defendant received KRW 5 million business subsidy from the Ulsan-gun Office as “F” in the name of “D organization,” and kept it for the purpose of use for E purposes of the said D organization. On May 3, 2012, the Defendant received KRW 10,500,000 from the advertising company “G” located in “Seoul-gun, Seoul-gun, to produce and request promotion banner 50,000 from the advertising company, which was located in “G” around May 3, 2012, the Defendant received a false estimate and physical card sales slip from the said entity’s account with the purpose of paying the credit payment of the said entity’s credit payment using it without any relation to its business purpose, and then received a false estimate and sales slip from the said entity, and filed a settlement report on July 17, 2012, to use it as “D organization’s business subsidy” in the name of 30,013.

Around October 31, 2012, the Defendant: (a) purchased the amount equivalent to KRW 6.60,00,000,000 from the said Agricultural Account, which was deposited with the business subsidy, to pay the credit on the office of “D organization” without relation to the previous business purpose; and (b) received a false tax invoice, delivery note, and quotation from the said Agricultural Account, and submitted a settlement statement to the Ulsan-gun Office around November 13, 2012, with evidentiary documents attached thereto.

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