Text
Defendants shall be punished by a fine of two million won.
Defendant
If A does not pay the above fine, 100,000.
Reasons
Punishment of the crime
Defendant
A is a person who takes office as the representative director of social welfare foundation B on May 30, 2013, and the defendant social welfare foundation B is a social welfare foundation located in Sejong City.
1. Where a social welfare foundation intends to sell, donate, lease, provide security or change its use of its fundamental property, it shall obtain prior permission from the Mayor/Do Governor;
Nevertheless, Defendant A, as the representative director of a social welfare foundation B, requested the submission of a certificate of fundamental property balance from the viewing of third-party representative director, on November 19, 2013, deposited KRW 1 billion, which is an endowment, after opening a bank account in the Tong of Basic Property Bank E account under the name of a social welfare foundation B, and submitted the certificate of balance as the current status of fundamental property of the social welfare foundation B, and voluntarily withdrawn on November 20, 2013.
As a result, the defendant changed the use of fundamental property B of social welfare foundation B without permission for the viewing of Sejong.
2. Defendant B performed the act as stipulated in paragraph (1) in relation to the work of Defendant B’s social welfare foundation at the date, time, and place as stipulated in paragraph (1).
Summary of Evidence
1. Defendants’ legal statement
1. Notification of dispositions as a result of Government's joint audit;
1. A written accusation;
1. Application of Acts and subordinate statutes to entire registered matters;
1. Article 53 subparagraph 1 of Article 53 of the Social Welfare Services Act and Article 23 (3) 1 of the Social Welfare Services Act (elective of fines): Defendant-based social welfare foundation B: Articles 56 and 53 subparagraph 1 of the Social Welfare Services Act and Article 23 (3) 1 of the Social Welfare Services Act;
1. Detention in a workhouse: Articles 70 and 69 (2) of the Criminal Act of the defendant A;
1. Provisional payment order: Article 334(1) of the Criminal Procedure Act of the Defendants;