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(영문) 수원지방법원 안양지원 2016.02.03 2015고단1595
업무상횡령
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

A Co., Ltd. is a company established for the purpose of radio wave test services, and around July 201 to April 2015, upon receiving government-invested research tasks, such as D, Korea Evaluation Institute of Industrial Technology established under the Ministry of Land, Infrastructure and Transport’s general ledger of industry, and “E” from the Korea Evaluation Institute of Industrial Technology established under the Ministry of Land, Infrastructure and Transport. The Defendant is a person in charge of accounting management, such as the aforementioned research tasks expenses and other funds for the management of the company from June 1, 201 to August 19, 2014.

Defendant 1: (a) the Government’s contribution related to each of the above research tasks is to set up and manage a separate account, separate from the funds for other purposes, in accordance with the agreement on research and development of the Korea Land and Technology Research and Development Technology (Drelated), the Knowledge and Economy Technology Innovation Project Agreement (E, F related), etc.; and (b) use the funds for other purposes; and (c) in spite of the fact that G, the representative director of the above company, who is the defendant with the interest of the above company, has been in charge of the accounting-related affairs entirely to the Defendant, with the intention to embezzled each of the above research tasks and the company’s business funds while keeping the accounts.

1. The Defendant, on October 24, 2012, engaged in a business bank account (H) in the name of C, an exclusive account for “E” research-related research, received from the Victim Korea Evaluation Institute of Industrial Technology on October 24, 2012

5,69,000 won was transferred to the foreign exchange bank account (I) in the name of the above company on the same day, and again, 5,000,500 won was transferred to the national bank account in the name of the defendant, and 690,000 won was withdrawn from the company bank account (K) to the company bank account, and used it for personal purposes such as credit card price.

In addition, from around that time to September 24, 2014, the Defendant had a total of 12 research tasks kept by the victim for 12 times as shown in attached Table 1.

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