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(영문) 춘천지방법원 강릉지원 2014.04.17 2014고단42

업무상횡령등

Text

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

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, from March 12, 2007 to September 2013, is a person who is in charge of overall operation of a club, such as operating expenses and settlement of accounts, while serving as the head of a “E club,” which is an exclusive institution for senior citizens living in Gangseo-si D.

On the other hand, Gangnam-si has paid subsidies (the creation rate: 50% of the national expenses, 10% of the Do expenses, and 40% of the Si expenses) for the elderly job business and operating expenses of the Egy clubs, which are the exclusive institution for the elderly employment under the Welfare of Older Persons and the Social Welfare Services Act, with subsidies from the State and Gangwon-do.

No person shall use a subsidy granted by the State or a local government in accordance with the Social Welfare Act for any purpose other than its original purpose.

Nevertheless, on August 31, 2007, the Defendant transferred KRW 10,204,020,020 to the Agricultural Cooperative Account of the “E club” (Account Number:F) under the pretext of a subsidy from the Gangseo-si of the victim, and was entrusted to the Defendant, while carrying out business for the sake of the victim, to the “H” in the operation of G.

9. 284,900 won on October 24, 200 of the same year and KRW 604,900 on a total of KRW 473,00 from G to the Agricultural Cooperative Account in the name of the Defendant (Account Number: I) on October 24 of the same year, and around that time, he/she embezzled KRW 50,732,960 on a total of 80 times from that time to June 2013 as shown in attached Table (1) through (4) of the crime committed during the period from that time, such as consuming under the name of the Defendant’s living expenses, repayment of debts, etc.

As a result, the defendant used the subsidy granted by the state or local government for a purpose other than its original purpose, and simultaneously embezzled the property owned by Gangwon-si.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement to the Prosecutor's Office;

1. Each police record statement made to K, J, L, M, N,O, P, Q, R, S, T, G, V, W, X, Y, Z, and AA;

1. Police seizure records;

1. Each internal investigation report, each investigation report, each right to separate investigation records, 1 to 4 and 1.0 of account records in the annexed account records.