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(영문) 전주지방법원 2017.02.24 2016고단1523

업무상횡령

Text

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

The storage and movement-type USB disc.

Reasons

Punishment of the crime

The defendant is a person who holds office as the representative director of corporation E with the purpose of manufacturing automation equipment and has overall control over the affairs of the company, such as fund execution.

Defendant’s management: (a) around August 1, 2010, E was selected as the supervising agency of the F business promoted by the Small and Medium Business Administration; (b) entered into an agreement with the Small and Medium Business Administration on projects for developing technology with small and medium enterprises; (c) was deposited KRW 119,90,00 in the E company account from August 1, 201 to July 31, 201 with the Small and Medium Business Administration as government contributions; (d) the Defendant used the said contributions for a limited purpose by item of the business plan stipulated in the above agreement; and (e) was prohibited from using the government contributions received as above for any other purpose; (b) while performing its duties, it was issued a false tax invoice amounting to KRW 47,406,830; and (c) submitted it to the Small and Medium Business Administration for the purpose of the above agreement; and (c) received the aforementioned amount from the pre-existing transaction entity to the amount set out in the list of accounts to KRW 47,406,830 through 15.15.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of each police officer in relation to H, I, J, K, L, or M;

1. Each police statement made to N or K;

1. Each investigation report (written facsimile receipt of evidence, such as a written statement of A related to the verification of the O suspicion, and the receipt of a written statement related to the verification of the P suspicion by facsimile);

1. Each tax invoice;

1. Application of Acts and subordinate statutes to data for each project (right 1 through 12);

1. Article 356 of the Criminal Act and Articles 355 of the Criminal Act concerning criminal facts and the choice of punishment.