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(영문) 대구지방법원 안동지원 2018.01.26 2016고단990
업무상횡령
Text

1. The sentence against the accused shall be five million won;

2. The defendant does not pay the above fine.

Reasons

Punishment of the crime

The Defendant is the president of the Victim D Child Care Center (hereinafter referred to as the "victimd Child Care Center") and has been engaged in duties such as managing operating expenses while taking overall charge of the affairs of the victimized Child Care Center.

The budget for the accounting of corporations and the accounting of facilities shall not be used for any purpose other than the budget for expenditure, and shall be executed in accordance with the financial and accounting rules of social welfare corporations and social welfare facilities.

Nevertheless, on March 2, 2015, the Defendant embezzled total amount of KRW 8,935,340,00 from around 20 to August 20, 2016, as shown in the [Attachment Table] from around 09:56 to around 09:56 on March 2, 2015, for the management and occupational custody of the operation expenses of the child care center for the victimized child care center, for the Defendant’s personal vehicle owned by the Defendant who is unable to know the purpose of the business trip since the procedure and approval of the letter of business trip, etc. was not made in advance. In addition, the Defendant embezzled the amount of KRW 38,70 on the vehicle owned by the Defendant without specifying the purpose of the business trip, and embezzled by arbitrarily settling the cost disposal as the operation expenses of the child care center.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness G;

1. Part of the protocol concerning the examination of the suspect against the defendant;

1. Statement of the police statement related to G;

1. Each report on internal investigation:

1. Each report on investigation;

1. The response to data related to subsidies for childcare centers, details of each subsidy, president of the total account, additional data reply related to subsidies for childcare centers, D child care centers, current status of D child care centers, account transaction details, copies of the articles of incorporation, copies of the certificate of authorization for childcare facilities, funds purchase cost (49,00,000 won) related to the loan, copies of the disbursement resolution related to the loan, copies of the disbursement resolution related to the repair cost of the vehicle, copies of the disbursement resolution related to the vehicle repair cost of the vehicle, copies of the written disbursement resolution related to the vehicle repair cost of the vehicle, copies of the written disbursement resolution related to the vehicle repair cost of the vehicle inside and outside the library, copies of the written disbursement resolution related to the vehicle travel cost of the vehicle, copies of the insurance premium payment certificate, copies of the payment resolution for the vehicle installation

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