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(영문) 부산지방법원 동부지원 2014.12.03 2014고단1299
업무상횡령
Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

In February 19, 2013, the defendant was sentenced to a suspended sentence of two years in August, 2013 for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes in Busan District Court's branch branch court.

7.24. The judgment became final and conclusive.

From August 12, 2009 to August 11, 2012, the Defendant served as the president of the E Association located in Busan D, and took overall charge of the management and execution of the Association’s funds.

A subsidy for a social organization shall not be used for any purpose other than the purpose of granting a subsidy granted by the competent authority, etc. with a strictly limited amount of funds provided for each subsidized project, and exceptionally, if it intends to divert a subsidy to any other item, it shall obtain prior approval for business modification.

On April 20, 201, the Defendant received support of 2 million won for social organization subsidies related to events for the Disabled Day from the Gun Office of the captain on April 20, 201, and disbursed 889,500 won to the event cost for the Disabled Day on the same day for the Busan E Association, which is an incorporated victim, and used the remainder of 1,110,500 won for the operation expenses of the Association other than the above business purpose.

In addition, from that time until August 10, 2012, the Defendant arbitrarily used the total amount of KRW 8,556,190, such as social organization subsidies, etc. for six times in total, as shown in the attached list of crimes, and embezzled it by voluntarily disposing of the market price of the above Association and two Nompt North Korea.

Summary of Evidence

1. A defendant's partial statement in court;

1. Legal statement of witness F;

1. Each police statement concerning G;

1. Facts of previous conviction: Before disposition and report on the results of confirmation, and application of Acts and subordinate statutes of two copies of the judgment;

1. Relevant provisions of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act concerning the selection of criminal facts;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning 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(1) and 69(2)1.

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