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(영문) 대전지방법원 2021.03.04 2020고단5447
업무상횡령등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant, as the representative of the “C” child welfare facility in Daejeon Jung-gu, is a local assistant who has overall control over the affairs, such as personnel affairs, administration, and accounting of the above child welfare facility from March 2010, and is a local assistant who received and executes C’s subsidy for child meal services every month from the Gu office during Daejeon with the project amount of the “child meal support project.”

A local subsidy program operator shall faithfully perform a local subsidy program with the care of a good manager in accordance with statutes, the details of the decision to grant local subsidies, or the disposition by the head of a local government under statutes, and shall not use the relevant local subsidy for

The defendant, while purchasing food materials from the Gu office in Daejeon, paid the food support fund for children's meal centers located in the region where he received the subsidy from the Gu office as the business amount of the meal support fund for children's meal services during the World War, paid the amount less than the food materials price actually purchased by C, and received the difference from the personal account of the defendant.

On February 17, 2016, the Defendant received 3,824,00 won of meal subsidies from the Gu office in February 2016 from the Gu office during the Daejeon Special Metropolitan City on February 17, 2016 and kept them for the victim, and settled KRW 3,216,00,000, which is less than the food materials price actually purchased from E around February 29, 2016. On March 9, 2016, the Defendant used KRW 1,887,200,00, which was returned from D to F bank G account in the name of the Defendant for any other purpose not related to the child meal expenses. From that time to May 8, 2019, the Defendant embezzled KRW 56,167,930, as stated in the attached list of crimes, and simultaneously used local subsidies for any other purpose.

Summary of Evidence

1. The investigation report of the police statement by the defendant on the defendant's legal statement D (to hear the public official's telephone statement) payment of meal service costs, the physical attendance of the child who is recognized as false claim by the child, C head of passbook transaction, and F bank account transaction in the name of the suspect.

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