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(영문) 서울동부지방법원 2014.01.08 2012고단3311

업무상횡령등

Text

Defendant

The defendant B shall be punished by imprisonment with prison labor for 6 months with prison labor for the crime No. 3. A, and the defendant B.

Reasons

Punishment of the crime

Defendant

A was sentenced to a suspended sentence of one year for occupational embezzlement at the Seoul Eastern District Court on July 7, 2011, and the said judgment was finalized on July 15, 201. On March 20, 2006, a fine of 1.5 million won was imposed at the Seoul Central District Court on March 20, 2006, and a fine of 1.5 million won was imposed for a violation of the Road Traffic Act (driving) at the Seoul Central District Court on June 29, 2009, and on November 23, 201, a fine of 2 million won was imposed for a violation of the Road Traffic Act (driving) at the Seoul East East District Court on November 23, 2011.

[2012 Highest 3311] Defendant A served as the representative director of G Co., Ltd. (hereinafter “G”), a harbor logistics technology company, from October 12, 2007 to March 31, 2009, and as G director from April 1, 2009 to May 30, 2009, Defendant B served as the general head of G’s business from January 1, 2008 to December 31, 2009, and the Defendants, who served as the general head of G’s business, have been in charge of the business operation, fund management, and enforcement of research and development project tasks supported by the government agency.

1. Research or technology development project costs subsidized by the government of the crime committed by Defendant B shall be separately opened in the name of each business entity in accordance with the terms of the project agreement entered into with the government agency, the general management agency, or the specialized agency in charge of the research and development project, and the cash burden of the government subsidies and companies shall be deposited into the account and used only for the purpose necessary for the business purpose in accordance with the principle of the payment of project costs by item, such as personnel expenses, direct, indirect, and entrusted research and development expenses, and the use of the above funds shall not be made for other purposes. The use of the government subsidies shall be reported to the management agency by submitting the prescribed evidence, such as tax invoice, and the use of the government subsidies and the balance thereof shall be the remainder.

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