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(영문) 창원지방법원 통영지원 2012.05.02 2010고단611
업무상횡령 등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

The defendant is a drama operating Saly C, and from July 5, 2006, he is a person who has been working as the head of D Association Saly Branch from July 5, 2006 to the present.

1. In 2007, the Defendant, including F from May 16, 2007 to June 5, 2007, was in charge of the execution and settlement of the event expenses as the head of the situation office of the “Eatrical System” sponsored by the Association, the Arts Council Korea, and the Doonam-do, an incorporated association, from May 16, 2007, and from June 5, 2007.

The Defendant received subsidies of KRW 500,000 from 137,450,000,000,000 won of the total expected expenses of KRW 81,9130,00,000 from Gyeongnam-do and kept in custody for business purposes.

Article 9 (2) of the Ordinance on the Management of Subsidies provides that "If the composition of expenses for a project to be provided with subsidies is made a subsidy and a self-paid contribution, the implementation of the subsidy shall be made first," Article 10 (2) 3 of the Ordinance provides that "If a subsidized project operator fails to raise his/her own contributions, the decision to grant a subsidy may be revoked," Article 11 of the Ordinance provides that "the subsidized project operator shall not use the subsidy for any other purpose," Article 12 (1) of the Ordinance provides that "where he/she intends to change the distribution of expenses incurred in the subsidized project, he/she shall obtain approval from the Mayor," Article 13 provides that "where the subsidized project operator completes the project, he/she shall submit a performance report and a statement of accounts of the project cost to the Mayor without a restraint, and in such a case, the defendant has a duty to use the subsidy only within the scope of the purpose of a drama program and return the balance at the time of execution."

The defendant from February 15, 2007.

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