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The sentence of sentence against the defendant shall be suspended.
Reasons
Punishment of the crime
The Defendant, as the representative of “D local child center”, which is a social welfare facility located in Jinju City from December 2, 2008 to July 2015, received KRW 95,516,00,00 in the aggregate of KRW 62,40,00 in the basic operating expenses for the year 2012, KRW 63,616,00 in the aggregate of KRW 35,716,00 in the school meal expenses, KRW 4,00 in the soil operation expenses, KRW 4,00 in the year 2013, KRW 62,40,00 in the basic operating expenses, KRW 34,856,00 in the school meal expenses, KRW 6,360,00 in the Saturdays, KRW 63,240,00 in the basic operating expenses for the school year 20, KRW 300,00 in the school meal expenses, KRW 36,07,207 in the above facility operation expenses.
Although the subsidies received as such cannot be used for purposes other than their original purposes, the Defendant used 42,493,420 won in total or 41 times from January 16, 2012 to October 30, 2014 for purposes other than the purpose of the general operating expenses or meal service expenses of KRW 500,000,000, out of the subsidies for meal service expenses received through the exclusive account for the above child center subsidies from the Jinju-si around January 16, 2012.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement protocol by the police for E;
1. Investigation reports (reports attached to data on the settlement of subsidies between January 1, 2014 and April 4/4);
1. Application of Acts and subordinate statutes to the current status of improper spending, a statement of transaction of meal expenses accounts, a statement of transaction of basic operating expenses, a statement of transaction of accounts for Saturdays operation expenses, a statement of transaction of self-paid accounts, and a statement of transaction of accounts with FFC
1. Article 53 of the relevant Act and Articles 53 subparagraph 2 and 42 of the Social Welfare Business Act concerning criminal facts as well as the selection of fines;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. A fine of three million won to be suspended;
1. Article 70(1) and Article 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;
1. Article 59 of the Criminal Act of the Suspension of Sentence