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(영문) 제주지방법원 2020.12.17 2020고단2046
업무상횡령
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is the representative director of a social welfare corporation C (hereinafter referred to as "victimd corporation") that operates childcare services under the Infant Care Act in Seocho-si B, and is the director of a D Child Care Center operated by the victimized corporation.

On March 31, 2014, the Defendant purchased credit equivalent to 440,150 won of goods necessary for the operation of the child care center at Seopo-si E for three months, but paid 1,003,380 won exceeding 563,230 won of the actual purchase price using G corporation card in the name of the victimized corporation, and returned 563,230 won of the difference to merchandise coupons issued by the Fart itself, and consumed it for personal use around that time while the Defendant was in custody for the victimized corporation.

In addition, from around that time to June 30, 2019, the Defendant settled a total of 102 occasions (except No. 35 times) more than the amount actually purchased from the Fmaart by the aforementioned means, such as the list of crimes in the annexed sheet, and used the difference in personal storage for the damaged corporation by returning the total amount of KRW 30,491,490 in merchandise coupons, which was returned to the merchandise coupon and used for personal use.

Summary of Evidence

1. The defendant's legal statement H, I, and J, the details of the payment of subsidies to D childcare centers, the FT transactions of D childcare centers, internal investigation reports (in addition to revenue of D childcare center childcare fees), D childcare center childcare fees approval port, internal investigation reports (in case of changes in the amount of subsidies illegally useful), internal investigation reports (in case of changes in the amount of subsidies), identification numbers, child care cards, authorization certificates, investigation reports (in case of changes in the amount of subsidies), full certificates of social welfare foundation C, investigation reports (in case of revision and attachment of crime list), investigation reports (in case of submission of suspect delivery certificates, gift certificates, receipt certificates, etc.), investigation reports (in case of submission of criminal investigation reports), investigation reports (in case of submission of suspect certificates, reception of statements by former employees of D childcare centers), investigation reports (in case of hearing statements by FE employees), investigation reports (in case of FE employees).

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