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(영문) 대전지방법원 천안지원 2017.03.16 2017고정85
사회복지사업법위반
Text

The sentence of imprisonment shall be suspended against the defendant.

Reasons

Punishment of the crime

The Defendant is a person who operates a facility to return to society in Seoan-gu, Seoan-gu, Seoan City.

No person who implements social welfare programs shall use subsidies granted by the State or a local government for any purpose other than its original purpose.

Nevertheless, the Defendant did not return KRW 1,500,000 remaining after being used for facility programs, electricity, gas, etc. operating expenses, personnel expenses, improvement expenses, etc. among subsidies received from Cheongnam-do and Yancheon-si in 2014, and transferred from Yannam-do and Yancheon-do to Yancheon-do, and around September 3, 2014, the Defendant transferred the amount of KRW 1,50,000 from D’s subsidy passbook to the KAF account, and used it for the operation of the KAF.

Ultimately, the Defendant used subsidies from local governments for the purpose other than the original purpose.

Summary of Evidence

1. Statement by the defendant in court;

1. Accusation against a violation of the Social Welfare Business Act;

1. Application of Acts and subordinate statutes to investigation reports ( telephone conversations between public officials of the astronomical Viewing and Viewing service

1. Article 53 Subparag. 2 and Article 42 Subparag. 2 of the former Social Welfare Business Act (amended by Act No. 14325, Dec. 2, 2016); the selection of fines for criminal facts; the selection of fines

1. Penalty fine of 500,000 won to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;

1. Article 59(1) of the Criminal Act of the Suspension of Sentence (The size, place of use, and the Defendant’s transfer of KRW 1,500,000 used for any purpose other than the original purpose to the “D’s account for use of social welfare facilities” again on July 19, 2016; the Defendant has no record of criminal punishment, etc.)

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