2015 Highest987 (A) Fraud

(b) Occupational embezzlement;

1. A.

2.(b)B

3.(a)C

South Korean Supreme Court Decision 201Na11148 Decided April 1, 201

Attorney D (Defendant A and B)

November 27, 2015

Defendants shall be punished by a fine of five hundred thousand won.

Defendant for the period calculated by converting 100,000 won into one day when the Defendants did not pay the above fine;

be confined in the Nowon-gu.

To order the Defendants to pay the amount equivalent to the above fines.

Criminal facts

1. Defendant A

The Defendant was a public official belonging to the Dong Office of Hongcheon-gun, E, and was working as F of the Hongcheon-gu Association of Korea under the Hongcheon-gun Living Sports Council of Hongcheon-gun from August 2010 to February 2014.

On February 15, 2012, the Defendant prepared a business plan for the Hongcheon-gun Sacheon-gun Sacheon-gun Sacheon-gun Sacheon-gun Sacheon-gun Sacheon-do Sacheon-do Sacheon-do Sacheon-do Sacheon-gun Sacheon-gun Sacheon-gun Sacheon-gun, which was held as a part of the project for the promotion of sports-for-all in 2012, and filed an application for a subsidy with the public official in charge of the Hongcheon-gun Sacheon-gun Sacheon-gun Sacheon-gun Sacheon-gun, Sacheon-gun Sacheon-gun Sacheon-gu

However, facts were only 4.80,000 won of the actual price of a dog to be used in the Games, and the defendant received the subsidy in excess of the subsidy despite being well aware of it and used as operating expenses of the relevant stable association.

In such a way, the Defendant, by deceiving a public official in charge of the Hongcheon-gun Sports Association, was paid 1.5 million won to the Agricultural Cooperative account in the name of the Hongcheon-gu Association on March 16, 2012 from the victim.

2. Defendant B

The Defendant served as a public official belonging to the G High School Educational Administration Office, from August 2010 to February 2014, as the Hongcheon-gun Sports Association under the Hongcheon-gun Sports Association.

On July 1, 2013, the Defendant: (a) prepared an application for participation in the 14th Korean Sport and Olympic Committee of Hongcheon-gun, Hongcheon-gun, Hongcheon-gun; (b) submitted an application for participation in the 14th Korean Sport and Olympic Committee of Hongcheon-gun, Hongcheon-gun; and (c) submitted it to the Hongcheon-gun Sports Sports Association; and (d) received 8620,000 won from the said Sports Association to the Agricultural Cooperative account in the name of the Hongcheon-gun-gun Association; and (e) kept it for business purposes.

On July 5, 2013, the Defendant settled 1,655 liter with the check card of 2220,000 won with the check card of the above account as if it were with limited liability. The Defendant received 1.5 million won in cash from K operator of the above gas station and paid 7.20,000 won to the above K under the pretext of fees.

Accordingly, the Defendant arbitrarily consumed 720,000 won money of the Hongcheon-gu Association of the victims who had been in custody on duty and embezzled.

3. Defendant C.

From March 2014, the Defendant is a person who had been working as H of the Hongcheon-gu Sports Council affiliated with Hongcheon-gun Sports Council.

A. On April 15, 2014, the Defendant prepared a business plan of the Victim Hongcheon-gun Sports Association Office in Hongcheon-gun, Hongcheon-gun, Hongcheon-gun, Hongcheon-gun, Hongcheon-gun, and the 8th Hongcheon-gun, Hongcheon-gun, the Defendant re-written the purchase price of Trop to be used for the said Games as one million won lower than the actual purchase price, and filed an application for subsidies with the public official in charge of the Hongcheon-gun, Hongcheon-gun.

However, the actual price of Trop to be used for the Games was 7.20,000 won, and the defendant received the subsidy in excess of the subsidy despite his well-known knowledge, and used it as operating expenses of the relevant stable association.

In such a way, the Defendant, by deceiving a public official in charge of the Hongcheon-gun Sports Association, was paid one million won to the Agricultural Cooperative Account in the name of the Hongcheon-gu Association on April 18, 2014 from the victim.

B. On August 20, 2014, the Defendant: (a) prepared the Victim Hongcheon-gun Sports Association Business Plan 22, Hongcheon-gun, Hongcheon-gun, Hongcheon-gun, Hongcheon-gun, Hongcheon-gun; (b) stated that the purchase price of the tamp and tamp to be used for the said Games was lower than the actual purchase price; and (c) applied for a subsidy when submitting it to the public official in charge of the said Hongcheon-gun Sports Association; (d) the actual price of the tamp to be used for the Games was lower than 1670,000 won; and (e) the Defendant received subsidies in excess of the subsidies even though he was well aware of it; and (e) applied for a subsidy.

In such a way, the Defendant, by deceiving a public official in charge of the Hongcheon-gun Sports Association, was paid 2,350,000 won to the Agricultural Cooperative Account in the name of the Hongcheon-gu Association on August 29, 2014.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement of L, K, and M;

Application of Statutes

1. Article applicable to criminal facts;

Defendant A and C: Article 347(1) of the Criminal Act

Defendant B: Articles 356 and 355(1) of the Criminal Act

1. Selection of penalty:

Selection of each fine

1. Aggravation of concurrent crimes (Defendant C);

The former part of Article 37 and Article 38(1)2 of the Criminal Act

1. Detention in a workhouse;

Articles 70(1) and 69(2) of the Criminal Act

1. Order of provisional payment;

Article 334(1) of the Criminal Procedure Act

Reasons for sentencing

Considering the status and status of the Defendants as well as the status of the Defendants, it is not easy for the Defendants to commit a crime by obtaining the subsidies for the event through excessive appropriation of the items.

On the other hand, if the defendants do not use the money obtained through deception or embezzled individually, the punishment shall be determined by taking into consideration the regular circumstances, such as the fact that the defendants did not use the money personally, that the amount of embezzlement or defraudation was returned to the victims, and that the crimes are divided.

Parts of innocence

1. Defendant A

The summary of the facts charged in the instant case against the Defendant is as follows: while the Defendant was in office as F of the Hongcheon-gun Sports Association under the Hongcheon-gun Living Sports Association, on February 15, 2012, he applied for the third grant of subsidies to the Victim Hongcheon-gun Sports Association for the third time on February 15, 2012. The Defendant applied for the grant of subsidies to the Defendant by stating that the actual purchase price of the kins to be used for the said Games is KRW 480,000,000,000 less than the actual purchase price, and that the Defendant was paid KRW 9 million from the victim on March 16, 2012.

According to the above evidence, on February 15, 2012, when the defendant applied to the victim for a subsidy of 19 million won for the holding of the above Games, he submitted to the victim with the attached business plan stating the purchase price of the 1.5 million won which is less than the actual price, even though the actual purchase price of the 1.5 million won is 480,000 won, and received a total of 9 million won including the above item subsidy on March 16, 2012. As such, in applying for a subsidy, the defendant included the purchase price of the 1.5 million won which is less than the above item in the above business plan, only included the purchase price of the 1.5 million won which is less than the actual price in the above item in the business plan, and it was clear that the other item was included in the ordinary calculation of the purchase price of the 19 million won and the subsidy corresponding to the appropriated item is also clear (see, e.g., investigation record 192).

If so, the part of the charges that acquired by fraud exceeding 1.5 million won among the charges is not a crime or there is no proof of a crime, but in the case where the defendant is found guilty of fraud in the judgment against the defendant who was prosecuted for a single crime, it shall not be sentenced separately in the disposition

2. Defendant B

The summary of the facts charged in this case against the defendant is as follows: while the defendant was in office as the H of the Hongcheon Sports Association under the Hongcheon-gun Sports Council of Hongcheon-gun, on July 5, 2013, he received 8620,000 won subsidies from the 14th National Sports Association to participate in the 14th National Assembly of Gangwon-do, the 14th National Assembly of Gangwon-do, and kept it for business purposes, he settled the physical card which was linked to the subsidy storage account at the oil station operated by K with the 1,655 liter via the subsidy storage account in a limited amount of 220,000 won, he received 1.5 million won in cash from K and embezzled it with 7,200,000 won as a fee.

According to each of the above evidence, while the defendant kept a subsidy of 8.620,00 won paid by the Sports Association to provide food expenses, transportation expenses, and accommodation for athletes participating in the above Games, in order to compensate for oil expenses paid at their own expense, the defendant was paid 1.5 million won remaining after he paid 222,000 won from the oil station operated by K with a physical card as if he had a limited liability, and after deducting 7.220,000 won from the completion of so-called so-called "credit card tin" number, and the defendant paid 1.1 million won out of the above money to participating players under the oil expense, and paid 4,00,000 won out of the above money to purchase raw trees, simplified trees, and stable supplies. According to the above facts, according to the above recognition, since the defendant used 1.5 million won, it is recognized as illegal acquisition of 7.220,000 won from the credit card tin under consideration for the purpose of subsidization.

Therefore, the part of the charge that embezzled more than 720,000 won among the facts charged constitutes a case where the crime is not committed or there is no proof of a crime. However, as long as the defendant was found guilty of the crime of embezzlement on the part of the defendant prosecuted for a single crime, the judgment of

3. Defendant C.

A. Summary of the facts charged

The defendant is the defendant as the defendant under the Hongcheon-gun Sports Association of Hongcheon-gu. H

1) On April 15, 2014, the victim Hongcheon-gun Sports Association applied for the grant of subsidies to hold the 8rd Hongcheon-gun Federation of Hongcheon-gun, Hongcheon-gun Sports Association on April 15, 201, and applied for the grant of subsidies to the 3 million won of subsidies on April 18, 2014, attaching a business plan stating that the actual purchase price of tttttp to be used for the said Games is 720,000 won, even though it was about 7.2 million won, which is less than the actual purchase price.

2) On August 20, 2014, when the victim applied for subsidies to hold the 30th Hongcheon-gun Association Long-term Epicing Games on August 20, 2014, he/she applied for subsidies, along with a business plan stating that the twits and the purchase price of twits to be used for the said Games is 1.670,000 won, which is less than the actual purchase price, and received three million won of subsidies on August 29, 2014.

B. Determination

According to the above evidence, the Defendant, on April 15, 2014, filed an application with the victim for a subsidy of KRW 3 million for the 8rd Hongcheon-gun, the President of the Hongcheon-gun Association of Korea, and submitted the accompanying project plan by stating that the purchase price of the art to be used for the above 8th Session is KRW 720,000,000,000,0000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000 won, including the actual purchase price. On April 18, 2014, the Defendant received a total of KRW 3 million,00,000,000,000,000,000 from the victim on August 20, 2014.

As such, it is reasonable to view that a crime of fraud is established only on the basis of the subsidy amount corresponding to the excessively appropriated items, since the Defendant appropriated the purchase price of some items in making an application for the subsidization of each of the above competitions, but the other items have been normally appropriated, and the subsidy corresponding to the appropriated items has been clear.

C. Conclusion

Therefore, the part exceeding one million won among the facts charged and the part exceeding 2.35 billion won among the facts charged is not a crime or there is no proof of a crime. However, as long as the court found the defendant guilty of each crime against the defendant who was prosecuted for a single crime, the main sentence does not punish the defendant separately.

Park Jong-gil

1) The 2014 indictment is a clerical error.