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(영문) 대전지방법원 2017.01.19 2016고정1476
업무상횡령
Text

Defendant

A A shall be punished by a fine of 500,000 won, and a fine of 300,000 won, respectively.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

Defendant

A is the president of the Seo-gu Incheon Metropolitan Council for Senior Citizens from March 18, 2008 to March 18, 2016, and Defendant B, as the general secretary of the above apartment association from January 18, 2014 to March 8, 2016, who has been in charge of the management and execution of the fund of the Senior Citizens Association.

The Seo-gu Seoul Metropolitan City Office has received a subsidy for cooling and heating expenses for senior citizens' leisure facilities from the State and local governments at the request of the Senior Citizens' Council, and the subsidy was not used for any other purpose, and the use of the subsidy was restricted for cooling and heating expenses for senior citizens' leisure facilities such as senior citizens' clubs.

In practice, even if the heating expenses for the above D apartment center were to be treated as the public heating expenses for the apartment complex and to be used exclusively for the operating expenses of the Senior Citizens Association, the Defendants conspired with the intent of using them for the purpose of using them as the expenses for the operation of the Senior Citizens Association, etc. on February 10, 2014, the Defendants used the 693,000 won under the name of the subsidies for the heating expenses for the senior citizens center on October 22, 2014, as the subsidies for the heating expenses for the elderly group, 470,705,000 won under the pretext of the subsidies for the heating expenses for the elderly group on November 28, 2014, as additional heating expenses for the purpose of operating the 1,080,000 won under the name of additional heating expenses for the purpose of operating the 1,000,000 won under the name of the Gu office of the Daejeon Metropolitan City, and used the above 604,005,000.

Summary of Evidence

1. The Defendants’ respective legal statements

1. Statement made by the police with regard to F;

1. In the investigation report (the phone call of a witness), investigation report (to listen to the phone call of a person in charge of the Gu office in the Daejeon Seo-gu Office), investigation results (the phone call of a management office), investigation results (to be attached to the data submitted by the Gu office in Daejeon), investigation report (to be attached to the data submitted by the Gu office in Daejeon), investigation report (to be called by the staff in charge of social welfare in the Gu office and the staff in charge

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