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(영문) 부산지방법원 2019.06.13 2018고정1196

업무상횡령

Text

Defendant

B shall be punished by fine for negligence of KRW 7,000,000.

Defendant

If B does not pay the above fine, 100.

Reasons

Punishment of the crime

The Minister of Knowledge Economy may authorize research institutes, universities, or other institutions prescribed by other Acts and subordinate statutes to implement a project for the development of industrial technology, fully or partially contribute to the main research institute for the implementation of the project, and since the project cost contributed to the main research institute is state expenses, any research institute entrusted with such project shall use it for the purposes and purposes determined by research agreements, etc.

Defendant

B From 2005 to 2005, the actual representative of the company D Co., Ltd. (hereinafter “D”) as the pressure vessel and industry manufacturer in Gangseo-gu Busan Metropolitan Government, who has overall control over the operation and fund management of the company.

1. Around February 2009, the Defendant entered into an agreement with the Korea Industrial Complex Corporation, the main research institute of the Ministry of Trade, Industry and Energy, to carry out research tasks in relation to the research task, and the Defendant was willing to use the government subsidy of KRW 189 million as a management account in the name of D and keep the victims in business for the Republic of Korea.

On July 30, 2009, the above Defendant instructed F, an accounting official of the D office, to the effect that “I will receive a tax invoice that can be disbursed as research expenses from the trader and pay the price for adjoining machines to H.” The F will, around July 30, 2009, receive a false tax invoice stating as if he purchased 10,725,00 won in total the eight disposable products used for research tasks, such as S 516-70, as shown in the annexed crime list (1) from I and J, and embezzled the same amount of research expenses by remitting KRW 10,725,00 to H’s borrowed account (K’s name).

2. The Defendant’s occupational embezzlement with respect to L research tasks is above D. around November 2010.