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(영문) 전주지방법원 군산지원 2021.01.13 2020고단1476
업무상횡령등
Text

Defendant

A shall be punished by imprisonment with prison labor for ten months, and imprisonment with prison labor for six months.

However, the two years each from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

From February 2, 2017 to August 2018, A worked as the president of the D Association located in Songpa-gu Seoul Metropolitan Government (hereinafter referred to as the “Association”) and took overall charge of the performance of the Association’s funds and administrative affairs. Defendant B assisted A as the managing director of the said Association from February 2, 2017 to December 201, and managed the fund execution of the Association by assisting the Defendant A as the managing director of the said Association.

If a victim E-affiliated organization receives a subsidy granted in accordance with a project plan for each F-related year that the injured party has reported to the Ministry of Culture and Sports in accordance with the F-related business plan, ① the participation in national representative training and international competitions, ② the promotion of basic sports for disabled persons, etc., with the care of a good manager in accordance with the purpose of granting indirect subsidies, the association shall perform the indirect subsidy with the care of a good manager, and shall not use the indirect subsidy for other purposes, and shall return the indirect subsidy to the injured party, if any,

1. The Defendants committed the joint crime, despite the fact that part of the indirect subsidies received from the injured party upon the completion of a subsidy program that the Association implements, should return the remaining amount to the injured party again. However, the Defendants, as if they purchased the consignment from the store of sales of consignment supplies traded by the Association for other purposes, received a refund of the consignment receipts equivalent to the remittance amount, such as a bill of disbursement, a remittance certificate, and a tax invoice, and sold the consignment receipts or sold the consignment purchase price, and conspired to arbitrarily use the consignment receipts, etc. after receiving a refund of the consignment receipts equivalent to the difference between the actual purchase price and the consignment purchase price.

A. On May 19, 2017, the said Association received indirect subsidies of KRW 385,00,000 under the name of “G” from an injured party to the H bank account (I) in the name of the Association.

Defendants are as above.

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