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(영문) 서울남부지방법원 2016.02.16 2015고단5131
업무상횡령
Text

Defendant shall be punished by a fine of KRW 7,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

The Korea Industrial Complex Corporation is a special corporation established based on the Act on the Promotion of Industrial Cluster and the Establishment of Factories to develop and manage industrial complexes and to support industrial activities of enterprises, which is an institution affiliated with the Ministry of Trade, Industry and Energy

Of the support projects for the commercialization of production technology conducted by the Korea Industrial Complex Corporation, the task “E and F for D development” (hereinafter “instant task”) in the field-based sector of support for D development of technology was performed by the Korea Industrial Complex Corporation. G Co., Ltd. (hereinafter “G”) was the main institution, and H (hereinafter “H”) and Hoho University operated by the Defendant was the main institution.

G received total of KRW 151,00,000 from the Korea Industrial Complex Corporation as a corporate account, around July 10, 2014, when the Defendant received KRW 30,650,000 out of the Government’s contributions to the instant task from G as a corporate account (corporate bank I) and received the payment from G around July 31, 2014 as a Government’s contribution management account, and kept it for business purposes. On the same day, the Defendant embezzled KRW 11,00,000 from H office located in Geumcheon-gu Seoul, Geumcheon-gu and 1103 to H company’s funds management account (corporate bank K), and arbitrarily used it from that time to August 11, 2014, by arbitrarily using KRW 30,650,000 as stated in the attached Table of Crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the Acts and subordinate statutes on the written accusation;

1. Articles 356 and 355 (1) of the Criminal Act relating to the facts constituting an offense;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.

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