업무상횡령
Of the crimes No. 1 and No. 2, the defendant shall be punished by imprisonment with prison labor for 6 months against the attached list No. 1 and No. 2.
Punishment of the crime
[Criminal Power] On February 1, 2012, the Defendant was sentenced to a suspended sentence of one year for fraud at the Busan High Court for the same month as he/she was sentenced to a suspended sentence of three years.
9. The above judgment became final and conclusive.
【Criminal Facts】
The Defendant, from July 24, 200 to January 2012, 201, was in office as the representative director of Kim Sea-si C (State) D (hereinafter “D”) located in Kim Sea-si, and from that time to October 26, 2014, was the above D’s internal director, and from October 27, 2014 to that time, the Defendant was in charge of the operation and fund operation of the said D’s representative director.
1. The Defendant was selected as an institution in charge of performing research tasks as “E” promoted by the Small and Medium Business Administration from June 1, 2009 to May 31, 2010, and the Defendant received 148,000,000 government contributions from July 21, 2009 to July 28, 2010 from the Small and Medium Business Administration in relation to the above tasks, and kept them on behalf of the Republic of Korea for the victim.
As a person responsible for the execution of the above D's funds, the Defendant had a duty to use the government contributions only for the limited purposes of research funds, facilities, equipment, material costs, etc. related to the above research task.
Nevertheless, around July 21, 2009, the Defendant voluntarily used KRW 9,649,510, total sum of KRW 38,295,610, as shown in the separate sheet of crime (1) from around October 30 of the same year, to “G”, which is a business partner, in order to repay the existing credit payment unrelated to the research task at the above D office, and used it for the purpose unrelated to the research task.
Accordingly, the Defendant embezzled money owned by the victim by discretionary consumption while keeping it for business purposes.
2. The Defendant related to H is “H,” “J,” “K,” and “L,” with respect to the core research tasks promoted by the Ministry for Food, Agriculture, Forestry and Fisheries among the Ministry for Food, Agriculture, Forestry and Fisheries from August 20, 208 to August 19, 2013.