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(영문) 광주지방법원 2014.07.01 2013고단3350
업무상횡령등
Text

Defendant

A and C shall be punished by imprisonment with prison labor for ten months and by imprisonment for seven months, respectively.

but 2 years from the date of this judgment.

Reasons

Punishment of the crime

The FF Self-Support Center (hereinafter referred to as the "Self-Support Center") is an institution established for the purpose of contributing to the self-support and the realization of productive welfare for low-income residents and designated by the Ministry of Health and Welfare, which implements self-support projects with subsidies from the State and local governments.

Defendant

A from July 2001 to October 31, 2008, and from May 15, 201 to November 30, 201, A worked as the head of the center who exercises overall control over the affairs of self-support centers.

Defendant

B served as the head of G organization under the Self-Support Center and H organization from July 2007 to August 2008.

Defendant

C From July 2001 to October 31, 2008, the head of the office in charge of general affairs by assisting the head of the center, and each of them served as the head of the center from November 1, 2008 to April 30, 201.

1. Defendant A and Defendant C

A. The Defendants’ joint criminal conduct and Defendant C’s sole criminal conduct - occupational embezzlement Defendants kept KRW 42,690,728 in the account in the name of I, a staff member of the self-support center, the sum of the unpaid retirement benefits and the refund of value-added tax accumulated by the employees of less than one year at the self-support center. Defendant A conspired to use part of the above amount, which he retired from the head of the self-support center on October 31, 2008.

Defendant

C On November 5, 2008, at the regular branch of Gwangju Bank located in Seo-gu, Seo-gu, Gwangju, the amount of KRW 38,800,000 among the above KRW 42,690,728, which was kept for the self-support center, was withdrawn in cash for the self-support center, and during November 2008, the amount of KRW 30,000,000 among the patrolmen was delivered to Defendant A for personal use, and the remainder of KRW 8,80,000 was used for personal use around that time.

Accordingly, the Defendants conspired to embezzlement 30,000,000 won in the course of business, and Defendant C embezzled 8,800,000 won in the course of business.

B. The Defendants’ co-principal - Occupational embezzlement and violation of the Act on the Budgeting and Management of Subsidies shall be governed by the Seo-gu of Gwangju around December 2006.

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