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(영문) 대전지방법원 홍성지원 2016.06.16 2016고정78

업무상배임

Text

Defendants shall be punished by a fine of KRW 900,000.

If the Defendants did not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. Defendants B’ status and background of the case are the heads of the Victim E Medical Center, a non-permanent social welfare facility located in Chungcheongnam-do, Chungcheongnam-do, Chungcheongnam-do, and Defendant A, working as vice presidents of the above medical center, who were in charge of executing the funds of victims, and the F is a person in charge of managing the management committee of the above medical center as a member of the H church under the G Social Welfare Foundation.

Since around December 2007, Chungcheongnam-do entered into an operation entrustment contract with G Social Welfare Foundation (hereinafter “instant Foundation”) and three times, to which the instant Foundation would take charge of the operation of the said Medical Center. The instant Foundation had H church take charge of the operation and management of the said Medical Center.

On the other hand, while wishing to enter into the above entrusted operation contract, the Foundation accepts to provide the following support for the supplement of personnel expenses, the purchase of equipment and supplies, business operation expenses, etc. in addition to the National Treasury subsidies, if the Social Welfare Foundation is selected as an entrusted entity for the welfare facility for the elderly in Chungcheongnam-do.

The scale of support: The first 138,000 won (the second 76,000 won, the third 36,000 won: the third 36,000 won) and the method of support submitted a written consent of the financial support with the content of “the amount transferred to a corporation”. Accordingly, as a contractual liability arises under the contract to provide the operating fund to the above medical care center within the above scope of support, the Foundation of this case received money from the HU to the corporate account (I) and paid it to the above medical care center as a contribution to the corporation.

As the H church's financial situation is poor and it is difficult to remit the corporation's contributions to the foundation, the Defendants and F agreed to raise the corporation contributions by remitting part of the funds for the operation of the victim's care center to H church as a contribution. Accordingly, the Defendants received medical devices such as the low-frequency therapy from K by the actual operator of the J company, which is the medical device distributor.