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(영문) 광주지방법원 2016.04.06 2015고단5212
업무상횡령등
Text

Defendant

The sentence against A shall be one year, and the sentence against the defendant, an incorporated association, shall be a fine of five million won.

Reasons

Punishment of the crime

1. Defendant A is a company that, from July 23, 2012, has served as the chief of the overall department of Defendant B’s incorporated association with the aim of “D through an industrial cooperation network” from around July 23, 2012. Defendant B is a company that, in relation to “E” implemented by the Ministry of Employment and Labor, has been selected as a consortium by the victim F, and received a national subsidy from the victim F who received the national subsidy from the Ministry of Labor and received the project expenses of the above projects from the job training institute, and conducts job training for job seekers from the job training institute, such as a contact expert course, electrical system control expert course, computer tax accounting expert course, and training course for field manpower.

2. Occupational embezzlement and occupational breach of trust (Defendant A);

A. On March 18, 2013, the Defendant, who is not related to the demand survey for corporate human resources, was selected as a consortium company by the victim F to receive the National Treasury subsidy in relation to “E” in 2014 implemented by the Employment and Labor Ministry of Labor, and received KRW 13,200,000 from the victim F as a document attached to the business plan to be submitted to the Employment and Labor Ministry, under the pretext of “written survey for demand for corporate human resources in the F region” as a document attached to the “written survey for demand for business human resources in the F region.”

Around December 2013, the Defendant: (a) requested 4,200,000 won to G Co., Ltd. for a survey on demand for corporate human resources in F jurisdiction; and (b) embezzled KRW 13,200,000 (the supply price: KRW 12,00,000: the supply price: KRW 12,200,000: the supply price; KRW 1,200,000) of the false issuance of G Co., Ltd.; and (c) submitted evidentiary documents, such as a written resolution on expenditure, to the victim F to obtain the approval of disbursement from the competent authorities of H on December 30, 2013; and (d) embezzled KRW 13,20,000,000 from the victim’s name to the passbook of G Co., Ltd.; and (e) embezzled KRW 9,900,000 in a voluntary way by receiving a refund in cash from the victim’s name around January 30, 2014.

The defendant with regard to the purchase cost of Dolls and publicity materials.

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