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(영문) 춘천지방법원 원주지원 2015.11.03 2015고정415
업무상배임
Text

A fine of 200,000 won shall be imposed on a defendant. If the defendant does not pay the above fine, 100.

Reasons

Punishment of the crime

From February 2, 2013 to January 31, 2015, the Defendant is a person who works as the general secretary of the Victim G Apartment Seniors Association in F in the original city from February 2013 to January 31, 2015, and has been in charge of the execution and management of the overall expenses of the Seniors Association, such as subsidization expenses

The Defendant had a duty to use the said card only for the elderly's conference and senior citizen's center while managing the Nonghyup C&C Card (CF Account: H) that is financed by the subsidies from the original city.

Nevertheless, at around 11:00 on June 5, 2014, the Defendant replaced the pen of water purifiers used by his family in the above G Apartment 104 702, which is the Defendant’s residence, and paid KRW 77,000 with the above G Apartment Card.

As a result, the defendant acquired property benefits equivalent to KRW 77,00 of the cost of replacing the pen, and suffered damage equivalent to the same amount at the Victim's Council.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to the police officer with regard to I (second time);

1. Documents to supplement the written complaint;

1. Application of statutes on a copy of a subsidy settlement statement for senior citizens;

1. Relevant Article 356 of the Criminal Act and Articles 356 and 355 (2) of the Criminal Act, the choice of fines concerning criminal facts;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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