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(영문) 의정부지방법원 고양지원 2013.12.11 2013고단1185

업무상횡령

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

The defendant is the representative director of C corporation.

On November 1, 2011, the Defendant submitted to the Korea Institute of Energy Technology Evaluation and Planning a “plan for a project for technological innovation of knowledge and economy (new and renewable energy fusion technology development project)” to the Korea Institute of Energy Technology Evaluation and Planning on behalf of the Minister of Trade, Industry and Energy, and the Korea Institute of Energy Technology Evaluation and Planning, on the basis of the above plan submitted by C on behalf of the Minister of Trade, Industry and Energy, selected a task “development of basic source technology for wind power generation of wind power (65db)” as a task to support technological development, and decided to support the government contributions of KRW 530,500,000 as a project cost for technological development over a period from November 1, 2011 to October 31, 2013.

On December 13, 2011, the Defendant concluded an agreement with the Korea Institute of Energy Technology Evaluation and Planning to use and manage technology development projects (including government contributions, private contributions, and interest accrued) with due care as a good manager in accordance with the Guidelines on Calculation, Management, Use, and Settlement of Project Funds, while separately managing the government contributions provided as the expenses for technology development projects in a designated management account.

On December 15, 2011, the Defendant: (a) transferred KRW 162,99,561 in total to the general account of C Co., Ltd. for eight times in total, including transfer of KRW 162,50,000,000,000,000 to the general account of C in December 16, 201; and (b) transferred KRW 162,99,561 in total to the general account of C in order to carry out the “energy and resources technology, such as energy conservation and development of new and renewable energy,” which was granted from the Republic of Korea as the expenses for technology development projects; and (c) transferred the amount of KRW 250,000,000,000,000,000,000,000,000,000,0