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(영문) 서울남부지방법원 2013.11.27 2013고정2100
업무상배임
Text

The sentence of sentence shall be suspended for the defendant.

Reasons

Punishment of the crime

The Defendant is a full-time representative of the C organization established for the purpose of business, such as the protection of learning rights of students, the improvement of school environment, etc. (hereinafter “C”), and is a person who is engaged in the management and execution of the funds with the National Treasury subsidy of KRW 50 million in 2010 and KRW 51 million in 201 from the Ministry of Public Administration and Security under the pretext of the project cost for three-party practical exercise by parents of C.

1. On August 30, 201, the Defendant paid 160,000 won to nine persons, including G, H, I, J, K, L, M, etc., from that time to December 27, 201, by paying 1.6 million won in total as allowances to nine persons, from that time, from that time to December 27, 201, in violation of his/her duties, despite the occupational duties to be appropriately paid in accordance with the provisions that set forth the National Treasury subsidies in the implementation of the funds, and in violation of the duties, the Defendant paid 1.6 million won each of the above subsidies from the above National Treasury to E and F, who did not attend the meeting from among the above National Treasury subsidies, as stated in the list of crimes committed in the attached Table (1).

2. The Defendant, at the above office around July 5, 201, attended the meeting of the Ministry of the Interior and Safety, and even though N did not pay the meeting expenses in accordance with the provision on the grant of the government subsidy as a joint representative, in violation of his duties, he remitted KRW 100,000 to K’s account as if his husband K participated in the meeting as an advisory member, as shown in the attached list of crimes (2) from that Si to December 27 of the same year, paid KRW 40,000 from that Si to 40,000,000 won, thereby having N obtain pecuniary benefits equivalent to the same amount and causing damage to C.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness N;

1. Application of Acts and subordinate statutes, such as a report on investigation (Attachment of materials to be submitted), articles of association and details of execution;

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;

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