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(영문) 서울동부지방법원 2015.07.06 2015고단1112
업무상횡령등
Text

Defendant shall be punished by a fine of KRW 10,000,000.

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

Reasons

Punishment of the crime

The defendant is a public service-related organization under the Ministry of Culture, Sports and Tourism who has been in charge of overall management of operation and budget execution of the B organization while serving as the secretary of the Korean Sport and Olympic Committee.

On July 10, 201, the Defendant: (a) received a subsidy of KRW 27,50,000 (total project cost of KRW 37,500,000, KRW 10,000) from the injured party as a subsidy for project costs when holding a “RF national walking conference” from the members of the Gangseo-gu Winter-gun, Gangwon-gu, Gangwon-do; and (b) ordered an event participant’s meal expenses, lodging expenses, adjudication allowances to cover or cover pedals, tamps, etc. necessary for the event; (c) calculated by adding the difference to the actual amount after receiving a refund of the difference; and (d) did not refund the victim with the balance of KRW 5,560,00,00, which is the balance of the subsidy by receiving the difference from the victim; and (d) raised the balance of KRW 48,207,390,000 by carrying on the same project through seven means, as indicated in the attached list of crimes from June 16, 2013.

The Defendant kept the balance of each of the subsidies as above for the victim, and returned this money from time to time by means of designated donation (subject organization B) to the victim’s name under the name of D Co., Ltd. operated by the president of the B Organization C, and embezzled by using the amount of employees’ bonus, office operating expenses, training expenses, and expenses incurred in running abroad, etc. from July 2011 to June 2013, and used the subsidy amounting to KRW 48,720,390, which was subsidized as a subsidy for a specific project expense, for the purpose other than the subsidy for a subsidy program.

Summary of Evidence

1. Defendant's legal statement;

1. Statement by the prosecution against C;

1. Each police statement of E and F;

1. A written resolution of the Anti-Corruption and Civil Rights Commission and a written public notice of determination of the amount of budget grants by category of sports-for-all events 2012; public notice of the determination of the implementation budget and the notification of the subsidy support plan for sports-for-all events 2012; and a sports-for-all public notice of 20

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