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(영문) 전주지방법원 2018.11.15 2018고단739
업무상횡령등
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

[Criminal Records] On May 2, 2017, the Defendant was sentenced to imprisonment with prison labor for not less than eight months at the Jeonju District Court for fraud, and the said judgment is the same year.

8. 23. A final and conclusive date.

[Criminal facts]

1. Under the premise, the Defendant is the representative of non-profit corporation C in the Full-si of the Jeonju City, a person who operated self-support work with subsidies from the State and local governments from 2002 to 9, 2012.

The term "self-support labor business" means that the State selects an entrusted institution, such as a non-profit corporation, etc., and the entrusted business operator shall receive the above subsidies to provide labor for self-support, and the entrusted business operator shall provide the basic livelihood recipients and the next needy classes with the above subsidies. From the sales revenue of self-support labor, the amount calculated by subtracting the reserve for self-support from the total sales after paying the compensation to the workers under the name of reserve for self-support is the reserve for self-support reserve. 30% is used for self-support workers' education or business joint expenses, and 70% is used for the initial business start-up of self-support community. The defendant uses the accumulated sales reserve in the entrustment contract faithfully in accordance with the purpose of the contract, and shall return the remaining sales reserve each time the entrustment contract is renewed and terminated to the previous week.

On behalf of the State, the Defendant entered into an entrustment agreement each year with the Defendant.

On October 31, 2012, Jeonju-si terminated the self-support labor entrustment contract even on the grounds of the defendant's fraudulent use of subsidies.

2. On April 15, 201, the Defendant, at the above C office, paid KRW 35 million to D in order to repay the debt borrowed for the business of the victim’s State and local government, which was a subsidy of the State and local government, for the business of the victim, while keeping the sales reserve in custody, for the business of the victim’s business unrelated to the self-support labor business, etc., as indicated in the list of crimes in the annexed crime list.

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