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(영문) 의정부지방법원 2013.10.02 2012고단3136
업무상횡령등
Text

Defendant

A Imprisonment with prison labor of one year and six months, and Defendant B shall be punished by imprisonment with prison labor of one year.

However, as to Defendant B, this shall not apply.

Reasons

Punishment of the crime

Defendant

A around September 25, 1987, after acquiring the flivement to G of the F Religious Organizations (on the flive number H) and becoming the well-known succession of the “J”, the inspector located in the flive city I around August 1990, established “K” as a child protection facility within the above J on around October 1990, registered “K” as a conditional conversion report facility at the Ministry of Health and Welfare around September 2002. On December 12, 2006, the “personal operation report facility” was completed at the Government at the Government on around December 12, 2006, and is currently operating social welfare facility, such as care and management without compensation, by accepting children who have difficulty in family environment, such as the young children, as the president of the above K.

Defendant

B is a person registered as the head of the facility from the time of the establishment of the above K to the competent office (government viewing) and performing duties, such as the fund management of the above K, facility management, and the living management of accommodation children, according to the direction of Defendant A.

1. From January 2004, the Defendants, among children admitted to the above K from January 2004, kept and managed basic livelihood costs and passbooks for disabled children, which are paid to basic livelihood recipients and disabled children, instead of for children. From January 2007, the Defendants received subsidies (K’s operating expenses and personnel expenses) from the K government and support payments from individuals, organizations, enterprises, etc. from the K government from January 2007 to the support account in the said K’s name, and performed duties such as keeping and managing the said children for the said accommodation.

On the other hand, on August 21, 2003, from 2, 2003, the above prefabricated-type building was destroyed by fire caused by the water leakage in the ceiling, and the building to be occupied by the accommodated children (69 persons at that time) was required. For this purpose, Defendant A offered the land and buildings of K to the State bank around April 30, 2004, as collateral, and used a loan of approximately KRW 90 million (1 billion amount of maximum bond amount) in total from the said State bank, as new construction costs. A.

The Defendants’ embezzlement of basic cost of living and allowance for the disabled is as above.

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