업무상횡령
Defendant shall be punished by a fine of KRW 2,000,000.
When the defendant does not pay the above fine, 100,000 won.
Punishment of the crime
The Defendant, as the chairperson of the operation committee of D Farming Partnership (hereinafter referred to as the “instant legal entity”), located in Gyeong-gun, Chungcheongnam-gun, Gyeong-gun, from January 17, 2010 to December 31, 2014, is selected from October 2013 to December 31, 2014 in a village enterprise promotion project, which is a subsidized business promoted from the economic transport department of the victim Gyeong-gun, and has overall control over the operation of a subsidized business (the name of the business: the aggregate of KRW 56 million) undertaken by the instant legal entity and the execution of subsidies.
In the process of implementing the aforementioned subsidy program on November 18, 2013, the Defendant: (a) concluded a contract for the supply of containers, etc. necessary for the said subsidy program with G that operated the container manufacturer; and (b) received an estimate of KRW 13.4 million in total from the victim on the ground that there is room for additional supply; and (c) returned the amount equivalent to KRW 13.4 million in cash out of the amount of the Defendant’s cash refund, which was received at the expense of KRW 3.8 million in total from G to the Agricultural Cooperative Account (Account Number: H); and (d) returned the amount equivalent to KRW 98,600,000,000,000,000 from November 19, 2013 to G, with the approval of KRW 13.4 million in total; and (e) received at the expense of the previous Defendant’s cash refund of KRW 3.8 million in the process of receiving 3.8 million in cash refund from G on November 26, 2013.
Summary of Evidence
1. Partial statement of the defendant;
1. Each written statement of I and G prepared by the police;
1. Data on investigation reports (Submission of G data for reference) and the withdrawal of smartphone households attached thereto;
1. Investigation reports (referring to the filing of municipal ordinances and implementation guidelines related to projects for fostering village enterprises);
1. D. D.