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(영문) 서울중앙지방법원 2014.11.06 2014고단5647
업무상횡령등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant and D’s co-principal were serving as a vice president of the Social Welfare Foundation F in Gangnam-gu Seoul (hereinafter “Corporation”) from July 1, 1996 to March 31, 2003. From April 1, 2003, the Defendant, as the head of the Social Welfare Foundation F in Gangnam-gu (hereinafter “Corporation”) established and operated by the Corporation, have overall control over the operation and management of facilities, personnel, purchase of goods related to facilities, management and execution of subsidies.

D has been discharged from office as the secretary general of a corporation from April 1, 2001 to March 31, 2001 and has been again engaged in corporate accounting, etc. as the general secretary general of a corporation from April 1, 2001 to December 30, 2013.

A facility operated by a defendant is a social welfare facility that has received subsidies from Seoul Special Metropolitan City, and a subsidized project operator shall faithfully perform the subsidized project with due care as a good manager in accordance with statutes, the details of the decision to grant subsidies, or the disposition of the head of a central government agency under statutes, and

Nevertheless, the Defendant purchased rice with D’s living expenses (stocks, subsidiary food, clothes, and fuel expenses) subsidies from the Gangnam-gu Seoul Metropolitan Government Office, and sold rice again at a discount, and conspired to use it for the Defendant’s position subsidy, living expenses, and D’s benefits.

The Defendant, along with D, purchased 2,430,00 won from 1,80,000 won for old-gu Old-gu Old-gu (40,500 won per 1,000 won) with subsidies from managers G around March 20, 2008, while receiving subsidies for living expenses (stocks) for children admitted to facilities from the Gangnam-gu Seoul Metropolitan Government Office and keeping them in custody for the victim's facilities in the course of business. On March 20, 2008, the Defendant sold them at a discount to 1,80,000 won (30,000 won per 1, 30,000 won per 1, 200.

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