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 two years from the date this judgment becomes final and conclusive.

Punishment of the crime

1. The Republic of Korea is implementing "State research and development projects" in accordance with the Framework Act on Science and Technology and the Regulations on the Management, etc. of National Research and Development Projects (Presidential Decrees).

The term "national research and development project" means a research and development project in which a central administrative agency has specified research and development projects based on statutes to contribute all or part of the research development expenses or to support them with public funds.

A person who has entered into an agreement with the State to perform a specific research and development task by receiving subsidies for research development expenses from the injured party in accordance with the procedures prescribed by the above Acts and subordinate statutes shall manage the research and development expenses subsidized by the State separately from the funds for other purposes according to the standards prescribed by the above agreement and shall not use the funds for any purpose other than the purpose

2. 범죄사실 - 업무상 횡령 피고인은 창원시 마산 합포구 D 건물 3동 301호에서 홈 네트웍 하드웨어 제조업체인 ( 주 )E 의 대표이사로 재직하면서, 위 회사에서 지원 받은 정부 출연 연구과제를 수행하고, 해당 정부 출연금을 집행하는 등의 업무를 총괄한 사람이다.

On October 209, the Defendant contributed subsidies from the Knowledge Economy Department as a task of “G” at the F Building Office at Changwon-si, Changwon-si, and applied for government contributions of KRW 370 million ( KRW 167 million per year, KRW 140 million per year, and KRW 140 million per year in the second year) of the task of “regional industrial technology development projects” managed by the Korea Institute of Industrial Technology Evaluation and Planning” in the latter part of the year 2009, and the Defendant was selected as a business entity eligible for government contributions to the said task.

The Defendant entered into an agreement with the Director of the Korea Evaluation Institute of Industrial Technology on October 2009, and received total amount of KRW 370 million from November 9, 2009 to July 2, 2010, and kept the victim in custody for business purposes, with the transfer of total amount of KRW 3.7 million from around July 2, 2010.

Irr.