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(영문) 부산지방법원 2017.11.10 2017고단4320

업무상횡령

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, from January 2, 2005, was working for the Institute of Computer and Information and Communications Technology (hereinafter referred to as the “Research Institute”) located in the Geum-gu, Busan (hereinafter referred to as the “Research Institute”), was designated from September 12, 2007 as the divisional expenditure officer of the Research Institute from around September 12, 2007, and is engaged in the receipt and disbursement of indirect expenses, such as research and development expenses, paid to the Research Institute from the Victim C School Industry-Academic Cooperation Group.

On February 27, 2014, the Defendant used KRW 53,391,00 in total development expenses by arbitrarily transferring the amount of KRW 1,850,00 from the Development Bank account in the name of the instant research institute (Account Number: D; hereinafter “Research Center account”) to the Defendant’s account in the name of the Defendant at the Nong Bank (Account Number: hereinafter “Research Center account”) in the course of performing duties for the victim at the Nong Bank in the Agricultural Bank of Korea, and from that time until December 1, 2016 [Attachment] from that time until December 1, 2016, by arbitrarily transferring the amount of KRW 53,391,00 in total from the research institute’s account to the said Nong Bank account in the name of the Defendant or directly withdrawing cash from the research institute’s account.

As a result, the Defendant embezzled research and development costs kept on duty for the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written answer to F and G, and the statement to H;

1. Each certification of I/F/G, G/J, and G Preparation;

1. Application of the head of the Board of Education’s accusation, a disposition of audit results, a document management of evidence of indirect expenses of the research institute, a contract for indefinite contract for employment of employees in the research institute, a research institute’s account and settlement of accounts, the details of entrance and exit, investigation report (netly 23,32,4,52), output of the research institute’s work allocation table, C school research management guidelines, C school research guidelines, C school regulations, regulations on the establishment and operation of C school research facilities, details of transactions, and copies of passbooks;

1. Article 356 of the Criminal Act applicable to the crime and Article 356 of the choice of punishment.

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