Defendant

A Imprisonment for six months, and Defendant B shall be punished by a fine of three million won.

Defendant

B The above fine shall not be paid.

Punishment of the crime

Defendant

A was the representative director of a social welfare foundation E from March 25, 201 to June 2013. From February 1, 2010 to February 1, 2010, a person who works as the president of the F Care Center, which is an affiliated facility of the said foundation, Defendant B, the representative director of the said corporation from May 17, 2004 to March 24, 201, and a person who served as the president of the F Care Center from March 1, 2003 to January 31, 201, and was punished by Defendant A.

1. According to the “Financial Accounting Rules of Social Welfare Foundation and Social Welfare Facilities” of the Ministry of Health and Welfare, Defendant A’s occupational breach of trust operated the Gwangju Bank account (Account Number: G) as a support fund account, the non-designated support fund whose support purpose is not designated shall be used as the operating cost of corporations and facilities, but the ratio used as the indirect cost shall not exceed 50% of the amount of expenditure, and the indirect cost shall not be used as the operating expense (agency operating expense, position subsidy, and meeting expense) even during the indirect cost. However, the victim’s occupational breach of trust prevents the use of the indirect cost as the operating expense for raising support funds, and the meeting expense shall be used within 15% of the amount of expenditure

Defendant

A served as the representative director of the victim’s social welfare foundation E from March 25, 2011 to June 2013, and thus, as the representative of the legal entity, there was a duty to maintain the financial soundness of the legal entity and to enhance the transparency of the management of support payments by managing and using non-designated support payments deposited into the support account of the legal entity as the representative of the legal entity in compliance with the above rules.

Nevertheless, the above Defendant was holding a physical card (H) connected to the support fund account of the foregoing corporation, and was prohibited from using it in a restaurant called I located in the French land around June 3, 2011, and used 20,000 won for private purposes, not for the purpose of raising support funds, and used non-designated support funds of the victim social welfare foundation E in violation of his/her duties.