beta
(영문) 서울중앙지방법원 2013.05.24 2013고단1891

업무상횡령

Text

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

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From December 7, 2002, the Defendant was the representative director of E Co., Ltd. (hereinafter referred to as “E”) with the main business of manufacturing the factory automation system, etc. in Seongdong-gu Seoul building 303 from around December 7, 2002, and from April 16, 2008, the Defendant was the representative director of G Co., Ltd. (hereinafter referred to as “G”) with the main business of manufacturing the industrial water treatment system with the F2th floor in Gwangju City.

1. On January 28, 2009, the Defendant embezzled Government contributions related to H development in 2009 submitted a plan for the development of components and materials related to H development projects, which are components and materials technology development projects promoted by the Ministry of Knowledge Economy, as the main institution in charge of such projects and participating institutions in the J (hereinafter “J”) operated by I, and was selected from the Ministry of Knowledge Economy as the main institution for joint research and development with regard to the above tasks.

Accordingly, around March 6, 2009, the Defendant entered into an agreement on the development of components and materials with the Director of the Korea Industrial Technology Evaluation and Management Agency (hereinafter “Director of Technology Evaluation Agency”) who manages and supervises the above technology development project delegated by the Ministry of Knowledge Economy, for 24 months from May 1, 2009 to April 30, 201, etc., and received KRW 540,50,000 from the Technology Evaluation Agency as the research and development expenses for the above task from the Technology Evaluation Agency to the Bank account in the name of E.

Therefore, even though the Defendant used government-invested research and development funds received from the Director of the Technology Evaluation Institute for the limited purpose by item of the business plan stipulated in the Technology Development Convention, he/she purchased materials to perform the above task in E while he/she paid KRW 3,236,850 at the purchase cost of K’s materials operated by himself/herself at a non-place on October 29, 2009 while he/she kept the above research and development funds for business purposes.