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A defendant shall be punished by imprisonment for a period of five months.
except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[Judgment of conviction] From July 1, 2008 to December 31, 2015, the Defendant was appointed as the head of the Korea Senior Citizens Association C branch of the Korea Senior Citizens Association (hereinafter “C branch of the Association”)’s branch of the Korea Senior Citizens Association (hereinafter “C branch”).
In order to provide various leisure programs to the users of the center for senior citizens, the Chungcheongbuk-do and C entrusted the private sector with the “D projects” that dispatch the program operators (hereinafter “D”), including specialized instructors, to the center for senior citizens. From 2012 to 2015, the C branch established a business entrustment agreement with the CGun Office each year, and performed the “D projects” that operate programs, such as health, singing classes, and massage places, in the center for senior citizens with subsidies from C. The Defendant, as the chief of the C branch office for senior citizens, performed the overall duties concerning the above projects, such as hiring of instructors, planning and operation of programs, budget execution and accounting.
【Criminal Facts】
1. According to the guidelines for the operation of “D Business”, the Defendant’s occupational embezzlement of instructors’ fees sets the class hours of instructors as KRW 78 hours per month, and KRW 20,00 per hour. However, even if instructors actually teach less than 78 hours per month, they paid the full amount of wages on the basis of 78 hours per month, and were returned the benefits corresponding to the hours during which they do not attend the school, and were used for other than the prescribed purpose.
On March 29, 2013, the Defendant received the D Business Budget from C in 2013 at the office of the Chungcheongbuk E branch office, and was in custody for the victim C, the Defendant issued 1,491,420 won to F, who is an instructor of the business entity in question, for 78 hours’ class hours, and received 300,000 won in cash from the same place at that time according to the prior agreement with F, and used it for the purpose unrelated to the subsidized business, such as personnel meal expenses, personal use.
In addition, the defendant, from the above date to December 2015, said, to eight instructors, such as F, as shown in the list of crimes in attached Form F.