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(영문) 전주지방법원 2013.07.10 2013고정418
업무상횡령등
Text

Defendant shall be punished by a fine of KRW 700,000.

If the defendant does not pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

From March 1, 2009 to December 31, 2010, the Defendant is a person who has been in general control over the duties of the said facility while working as a facility of the G shelters, a social welfare facility affiliated with F under the Social Line Educational Authority of Daejeon-gu, Daejeon (hereinafter referred to as “responding Authority”).

The Defendant and H conspiredd to use subsidies for the purpose of use as meal costs for employees other than the purpose of use, as operating expenses are insufficient in relation to the operation of the above rest area, from the front city of the victim to the meal costs for the above rest area users.

Around May 209, the Defendant and H conspiredd to use 506,500 won of the subsidies granted from the victim for any purpose other than the purpose, as indicated in the attached Table of Crimes (1) between around 2010 and October 28, 2010, in a restaurant located at the J St Stop in Kimhae-si I, and around that time, 4 employees, including the Defendant, have provided meals to the victim for the purpose of occupational storage of a subsidy not to know the amount of the subsidy specified and received by specifying the item at the cost of meal service for the use of the shelter.

As a result, the Defendants conspired, and used the subsidy received from the victim for the purpose of occupational embezzlement and for other purposes.

Summary of Evidence

1. Defendant's legal statement;

1. The examination record of the suspect by the prosecution against H;

1. Application of the Acts and subordinate statutes on the written accusation;

1. Articles 356 and 355 (1) of the Criminal Act with respect to facts constituting an offense, and subparagraphs 2 and 42 (2) of Article 53 of the Social Welfare Services Act (the point of use for purposes other than the original purpose);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the amount of embezzlement is about KRW 500,000 for one year and six months, and the defendant is the defendant.

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