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(영문) 수원지방법원 2018.08.09 2018고단11
업무상횡령
Text

Defendant

A Imprisonment for two years, Defendant B's imprisonment for four months, Defendant C's imprisonment for one year, and Defendant D for six months.

Reasons

Punishment of the crime

1. Defendant A holds office as the Secretary-General of Victim V (hereinafter “victim corporation”) from September 5, 2012 to December 12, 2014 as the victim’s corporate support team leader or corporate support headquarters leader from around December 5, 2014, and W is a person in charge of the management and implementation of subsidies that the victim corporation received from the victim corporation from around September 24, 2013 to December 31, 2016. Defendant C is a person in charge of the management and implementation of subsidies that the victim corporation received from Gyeonggi-do. Defendant C is a person in charge of administrative support from around April 2013 to around December 2016, the victim corporation’s corporate support team leader or corporate support headquarters leader; Defendant B is a person in charge of the administration of the victim corporation’s corporate support team, the victim corporation’s corporate support team leader, and Defendant C is an administrative support team leader from around January 24, 2013 to December 2016.

2. The victim corporation was selected as a subsidized project operator of the “X project” from Gyeonggi-do around 2013 and received local subsidies of KRW 160 million from around 2016 to around 2016, and was selected as a 45 subsidized project operator from around 2016 and received approximately KRW 17 billion subsidies from Gyeonggi-do, etc.

According to the Subsidy Management Act and the Local Finance Act, the subsidized project operator shall not use the subsidy for any purpose other than the subsidized project. However, the Defendants paid the subsidy granted by the victim corporation in relation to the subsidized project by appropriating false or excessive amount of tuition fees, personnel expenses, goods prices, etc., and then, the Defendants were victims of the subsidized project by using the subsidy as living expenses, etc. after being returned to the so-called “non-financial account”, such as Y (hereinafter “Y”), W’s wife, the victim corporation’s employee name, etc., or by converting the subsidy to the cost irrelevant to the purpose of the subsidized project.

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