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(영문) 서울중앙지방법원 2018.02.07 2017고정2687

업무상횡령등

Text

Defendants shall be punished by a fine of two million won.

In the event that the Defendants did not pay the above fines, only 100,000.

Reasons

Punishment of the crime

Defendant

A is the representative director of Jongno-gu Seoul Metropolitan Government E (hereinafter “E”) from May 2, 2015 to July 12, 2016, and Defendant B is the management-general director of the said company from May 2015 to June 20, 2016.

On December 31, 2015, E managed by the Defendants was selected as an institution in charge of the “F” task, which is the project for the development of medical devices, which is promoted by the Ministry of Health and Welfare, and entered into an agreement with G University Industry-Academic Cooperation Union (hereinafter “Convention on Research and Development of Medical Devices”) with the “Agreement on Research and Development Projects.” As for the above task, G University’s Industry-Academic Cooperation (H) received KRW 90,000,000,000,000 from the Government’s contribution, etc. on December 31, 2015.

The above research funds shall be deposited and managed in an exclusive research fund account in accordance with the guidelines for the use and management of research funds for health and medical service technology promotion and health and medical service technology development projects, and shall be used only for the limited purpose, such as expenses directly related to the implementation of the above medical

Nevertheless, while the Defendants kept the aforementioned research funds for business purposes, at the office of the above company around February 27, 2016, transferred the research funds amounting to five million won from the above research funds exclusive account to the company’s account, without permission, for the payment of four premiums for the company employees on the same day. On March 10, 2016, the Defendants transferred the research funds amounting to twenty five million won from the above company’s office to the company’s account at the company’s expense in the same manner as the above company’s employees on the same day, and arbitrarily consumed the research funds amounting to KRW 30 million for the payment of wages to the company employees on the same day, without permission.

As above, the Defendants conspired to make up for occupational embezzlement of KRW 30 million, such as government contributions.

Summary of Evidence

1. Part of the Defendants’ legal statements

1. A witness I.