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(영문) 서울서부지방법원 2017.08.17 2017고단1175
업무상횡령등
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

Punishment of the crime

The Seoul Metropolitan Government entered into an entrusted operation contract with the E Hospital in order to promote community mental health projects, and the victim F Center is an organization operated and managed as an institution affiliated with the above E Hospital by receiving subsidies from the Seoul Special Metropolitan City and Eunpyeong-gu.

The defendant is engaged in accounting at the above victim center located in Eunpyeong-gu Seoul Metropolitan Government from April 2, 2009 to March 2, 2017, and shall not use subsidies received from Eunpyeong-gu Seoul Metropolitan Government and Eunpyeong-gu for any purpose other than its original purpose.

On December 6, 2013, the Defendant: (a) transferred the subsidy of KRW 3,394,200 from Eunpyeong-gu to the bank account (H) of the victim’s name to the bank account of the victim for the Victim Center; (b) transferred the subsidy in order to the bank account (I) of the victim’s name; and (c) embezzled the subsidy by arbitrarily consuming it with travel expenses, shopping expenses, etc.; and (d) used it for any purpose other than the purpose of the subsidy.

In addition, from that to March 9, 2017, the Defendant arbitrarily consumed a total of KRW 321,475,243 over 121 times, as stated in the list of crimes in the attached Table, and embezzled the subsidies, and used the subsidies for other purposes.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement to J or K;

1. A written accusation;

1. Details of confirmation of the illegal use of subsidies, identification number certificate (F Center), submission of data on the embezzlement of deposits, list of former and incumbent employees, agreement (F Center operation), report on the results of the embezzlement of subsidies in 2017, report on the results of the embezzlement of subsidies in 2017, details of financial account transactions with the suspect A, details of financial account transactions with the F Center, certificate of payment of income tax with the F Center labor;

1. Application of Acts and subordinate statutes of the investigative report (Evidence No. 36,37)

1. Relevant Articles 356 and 355(1) of the Criminal Act concerning criminal facts (including occupational embezzlement and embezzlement) and the former Mental Health Act (hereinafter referred to as “mental health promotion and mental disease welfare services”) (hereinafter referred to as “mental health promotion and mental disease”).

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