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(영문) 부산지방법원 2016.06.09 2016고단1623
지방재정법위반등
Text

1. Defendant A shall be punished by imprisonment with prison labor for one year;

However, the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

A is a person who works for the general manager, the head of division, and the head of the E-welfare center located in Busan Dong-gu, which is operated by the victim’s social welfare foundation C from July 1, 2012 to April 7, 2015, and was in charge of the above duties of the welfare center. Defendant B is a person who works for the head of the above welfare center from July 4, 2012 to April 6, 2015, and assists Defendant A in the duties of the head of the above welfare center, such as hiring of employees and concluding contracts for the above welfare center.

1. The revenue and expenditure of support payments for the occupation of occupational embezzlement of social welfare foundation facilities shall be included in the budget, all of the finalized budget shall be submitted to the head of a Si/Gun/Gu having jurisdiction over each fiscal year, and in the case of the three-year budget, no one shall use support payments for any purpose other than the prescribed purpose, because the purpose of use is strictly limited;

A. Nevertheless, Defendant B’s sole crime committed with the above welfare center, Defendant B entered into a contract for the production and establishment of a toy library with the “F”, which was traded with the above welfare center, and had the aforementioned company returned part of the price in cash, and had the said company used it at will.

Accordingly, on December 12, 2013, Defendant B proposed “written expenditure resolution” stating KRW 2,669,700 as the cost of the production and establishment of a toy library at the above welfare center office, and subsequently transferred KRW 2,669,700 to the national bank account in the name of F representative G (Account Number H) after obtaining approval from A who is aware of the fact, Defendant B embezzled KRW 450,000 from G in cash and arbitrarily used it for personal purposes around that time.

B. The Defendants’ joint crime concluded a contract with the said welfare center for the purchase of toys by influoring the amount of money with the said welfare center, and made payment with the physical card in the name of the welfare center, and received a part of the said company in cash and used it at will.

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