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(영문) 서울중앙지방법원 2016.06.23 2015고합922

특정경제범죄가중처벌등에관한법률위반(사기)등

Text

Defendant shall be punished by imprisonment for not less than two years and six months.

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

Reasons

Punishment of the crime

The Defendant, as the representative director of the E Co., Ltd. (hereinafter “E”), has overall control over the business activities, such as ordering research and development projects of the said company, and fund management.

1. A major institution in charge of research and development projects or an institution selected as an entrusted research institution under the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) for the victims of violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (hereinafter referred to as the "victim Corporation"), shall use the research and development expenses provided by the victim Corporation only for the purpose of business specified in the research and development plan, and shall not be used for any other purposes. The annual settlement shall be made within 15 days from the completion date of the technology development project, the settlement shall be made within the last year, and the actual results of the research and development expenses shall be reported within one month, and the balance shall be returned

E On July 1, 2012, the Victim Agency and the “G” Sports R&D; D Research and Development Project (the research period between July 1, 2012 and June 30, 2015; hereinafter “Research and Development Project”). The content of the instant research and Development Project shall be the research institute in charge of E, and the details of the instant research and Development Project shall be E (H), E (I), 2, and 3, respectively, the Seoul National University (K), and the research institute affiliated with the Korea Institute of Machinery Research and Development (M).

When the Defendant received research and development expenses from the Victim Corporation in accordance with the instant agreement, the Defendant, despite using the aforementioned research and development plan for the purpose of business stipulated in the research and development plan, had the victim used it for other purposes irrelevant thereto, and submitted a research and development plan (hereinafter “the instant research and development plan”) stating the details of false use by the victim at the time of concluding the instant agreement, and E between N’s representativeO and P’s representative Q, etc.