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(영문) 서울남부지방법원 2016.03.23 2016고정13
업무상횡령
Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

From January 2009 to April 10, 2014, the Defendant is a person in charge of fund management, such as membership fees, various government subsidies, etc., while working as the secretariat of Geumcheon-gu Seoul Metropolitan Government Branch Office for Victims C-B located in the second floor.

The defendant did not use 47,300,000 won subsidized by the Geumcheon-gu Branch of Geumcheon-gu for the purpose other than the originally paid purpose in keeping and executing the project expenses related to various projects, such as D, E, and F, conducted by the Geumcheon-gu Branch of Geumcheon-gu, but he used the project expenses to use 18,90,000 won subsidized by the Geumcheon-gu Branch of Geumcheon-gu in relation to the above various projects in the course of performing his duties for the victim, and used them as the expenses for the branch operation, such as the defendant's salary.

On July 22, 2010, the Defendant embezzled KRW 9,658,869 in total 25 times from that time to December 29, 2010, including voluntarily withdrawing KRW 765,938 out of the project cost for the year 2010 as the Defendant’s salary, and then arbitrarily using KRW 25,658,869 in total for any purpose other than project expenses, as shown in the list of crimes in attached Form from December 29, 2010.

Summary of Evidence

1. Statement by the defendant in court;

1. Protocols entered in G during the interrogation of the suspect against the defendant by the prosecution, protocol of the prosecutor's statement against H, and protocol of the statement to I by the prosecution against the defendant;

1. Each investigation report (the details of the payment and the details of transactions attached thereto, the submission of reports on the receipt of criminal suspect A labor contracts and benefits, the submission of data related to the methods of granting subsidies to social organizations in Geumcheon-gu, and the financial statement on the diversion of subsidies in A 2010);

1. Appendix 2) The Geumcheon-gu Cheongbu Data Submission (2010, 201 branches, meetings, reading centers, records of the settlement of women’s subsidies), Appendix 3) the submission of the materials of Geumcheon-gu C branch offices (detailed 3), Appendix 3) the list of members by organization of Geumcheon-gu C branch offices, Appendix 3) the application of the Acts and subordinate statutes of Geumcheon-gu C branch offices, and a copy of the account using government subsidies by organization of Geumcheon-gu C branch offices.

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