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(영문) 전주지방법원 정읍지원 2019.06.20 2019고정33
횡령
Text

A defendant shall be punished by a fine of 500,000 won.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

From August 2012 to September 17, 2018, the Defendant served as the president of the Crogate branch located in the former Chang-gun, Chang-gun, and the Defendant was in charge of the management of support funds for the operation of senior citizens center facilities and senior citizens' care allowances every year in accordance with the guidelines for operating senior citizens' leisure facilities and senior citizens' care allowances.

The above subsidy shall be used only for the matters deemed necessary for the promotion of welfare of the elderly who have access to the center for senior citizens, such as operating expenses incurred in the maintenance and management of the center for senior citizens, cooling and heating expenses, and food expenses.

Nevertheless, the defendant used 1.10,00 won out of the above subsidies specified for the use of the above center for senior citizens in the process of the lawsuit against D et al. by using the head of the Tong in which the support fund for the operation of center for senior citizens is managed and the check card is still in custody, even though the new chairperson was elected on or around the 18th day of the same month.

As a result, the Defendant embezzled by arbitrarily consuming KRW 1110,00,000 for the support fund for the center in custody.

Summary of Evidence

1. Defendant's legal statement;

1. The police interrogation protocol of the accused (including each receipt);

1. Statement to E by the police;

1. A complaint (including details of account transactions);

1. Guidelines for the execution of the operating expenses of centers for older persons in 2018 and details of payments per C;

1. Application of Acts and subordinate statutes to a criminal investigation report (a copy of a complaint for a case filed by a suspect), accusation report (a copy of the complaint for a case filed by a suspect), and the chief of the complaint (a branch office of Jeonju and Eup

1. Relevant provisions of the Criminal Act and Article 355 (1) of the Criminal Act concerning the choice of punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act, the details and place of use, and the fact that the Defendant returned KRW 600,000 to the senior source account on June 17, 2019, etc. are considered. It is so decided as per Disposition on the grounds above.

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