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(영문) 광주지방법원 2014.10.23 2012고단5416

업무상횡령

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

The defendant, as the representative director of Gwangju Northern-gu D's business development and manufacturing company-related products, was in charge of overall affairs such as fund management of the above company, as the representative director of the foregoing company E.

E (State) around May 201, the Korea Institute for Advancement of Technology (KIT) conducted by the Korea Institute for Advancement of Technology (KIT) under the Ministry of Knowledge Economy, was selected as a major institution in charge of the first sector of the “F business in the economic region in 201,” and entered into an agreement with the Korea Institute for Advancement of Technology, the Gwangju Metropolitan City Office, the Jeollabuk-do Office, the Jeollabuk-do Office, the Jeonnam-do Office, the New Technology Institute (GIT), etc. on July 1, 201, and received KRW 1.22 billion from the Korea Institute for Advancement of Technology to the corporate bank account in the name of the corporate bank in the name of the Korea Institute for Advancement of Technology through the Korea Institute for Advancement of Technology on November 14, 2011.

On the other hand, government contributions shall be used only for direct and indirect expenses, such as research facilities, equipment, materials, research activities, etc., and patent application expenses, in accordance with the business plan of the Regulations on the Management, etc. of National Research and Development Projects (Presidential Decree No. 21634), the Common Operational Guidelines for Local Support Projects (Ministry of Knowledge Economy No. 2010-107), the Guidelines for Calculation, Management, and Use of Knowledge and Economy Technological Innovation Projects, the Guidelines for Settlement (Public Notice No. 2010-72 of the Ministry of Knowledge Economy No. 201) and E (State). If it is necessary to change the place of use,

Nevertheless, the Defendant, upon the shortage of operational funds of E (State), had the mind to arbitrarily use part of the above government contributions, transferred KRW 400 million out of the government contributions kept in the said corporate account to the National Bank Account in the name of Defendant, and embezzled them by voluntarily consuming them as employees’ benefits, etc., unlike the places of use indicated in the business plan without obtaining approval for change of the government contributions from the Korea Institute of Science and Technology Promotion.