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(영문) 광주지방법원 목포지원 2021.03.22 2020고단737
사회복지사업법위반
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

In accordance with Article 5 of the Act on the Prevention of Domestic Violence and Protection, etc. of Victims, the Center is a domestic violence counseling center established and operated in Pyeongtaek-gun C on May 19, 2003 after reporting to the head of Pyeongtaek-gun on May 19, 2003, and performs projects such as reporting domestic violence or responding to counseling thereon, education and publicity on the prevention and prevention of domestic violence. Such projects are social welfare projects pursuant to Article 2 subparagraph 1 (n) of the Social Welfare Business Act and receive necessary expenses such as operating expenses from the State or local governments pursuant to Article 42 of the same Act.

The defendant is the head of the above counseling center, and D and E are employees in charge of the accounting of the above counseling center.

Criminal facts

The State or local governments may subsidize necessary expenses to persons who implement social welfare programs as above, and subsidies shall not be used for purposes other than their original purposes.

B The Center is receiving subsidies under the name of “subsidies for the operation of programs for correcting and treating domestic violence offenders,” which consists of national expenses, Do expenses, and Gun expenses.

The facts of Defendant, D, and E do not have any fact against domestic violence offenders in the above counseling center, such as prior interview, individual counseling, marital counseling, group counseling, etc., but they transfer subsidies received as above to the counseling center and other business expenses exclusive account (FF) as if they were disbursed for the correction and treatment program costs inside the above counseling center. They voluntarily diverted subsidies to the counseling center and other business expenses, such as cash withdrawal, use them as Defendant’s job support costs, transfer them to the Defendant’s account as Defendant’s retirement reserve, etc. Then, as if the above counseling center normally performed correction and treatment programs within the above counseling center, they falsely prepare a false record of overtime work, correction therapy schedule, list of applicants for admission, etc.

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