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(영문) 서울동부지방법원 2014.01.16 2013고단533
업무상횡령등
Text

A defendant shall be punished by imprisonment for six months and by a fine of two thousand won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

The Defendant selected by Busan Metropolitan City from March 16, 201 to February 15, 2012, is the representative of the “D” under the Busan Metropolitan City Shipping Daegu Building 201, which is a village company eligible for the grant of the National Treasury subsidy, and is a subsidized business operator who was engaged in the execution and management of the subsidy project cost.

1. A subsidy program operator who violates the Act on Occupational Embezzlements, Subsidy Management shall conscientiously perform the subsidy program with due care as a good manager in accordance with statutes, the details of the decision to grant subsidies, or the disposition taken by the head of a central government agency pursuant to statutes, and shall not use

On June 20, 201, the Defendant, at the office of “D” around June 20, deposited KRW 3 million of the monthly subsidy from the Maritime Affairs and Daegu Office, which was the victim, into the Busan Bank (E) account and kept in custody for the victim, stated that the above account was “advertisement settlement” in the above account’s account details. On the same day, the Defendant transferred the money to the post office account (G) account in the name of the Defendant F and A, and consumed it as employee monthly pay, website production cost, etc.

In addition, the Defendant, from around that time to December 8, 201, consumed a total of KRW 13,067,00 by the aforementioned methods in mind, and embezzled subsidies for the purpose other than the purpose of implementing the subsidized project, as described in the attached list of crimes between the Defendant and around that time, and used subsidies for the purpose other than the purpose of implementing the subsidized project.

2. A subsidy program operator who violates the Subsidy Management Act shall keep data related to implementation of the subsidy program for a period prescribed by Presidential Decree of up to five years;

Nevertheless, from April 11, 201 to December 8, 2011, the Defendant failed to keep the purchase and disbursement-related account statements, receipts, deposit certificates, and a written request for goods, which are materials related to the performance of the business for KRW 44,819,60 of subsidies paid in total five times at the above “D” office, and for KRW 44,819,60 of subsidies paid in total.

Summary of Evidence

1. Defendant's legal statement;

1. The defendant;

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