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(영문) 수원지방법원 평택지원 2012.11.28 2012고합309
특정경제범죄가중처벌등에관한법률위반(횡령)
Text

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

Reasons

Punishment of the crime

On November 22, 2011, the Defendant of criminal records was sentenced to a two-year suspended sentence for six months of imprisonment for a violation of the Labor Standards Act, and the said judgment became final and conclusive on February 3, 2012, and is currently under suspended sentence.

Criminal facts

From November 2004 to the present date, the Defendant is a person who was in office as a representative director of E (in the case of a semiconductor corporation for convenience, only the remaining portion except for a “stock company” in the name of a corporation) a semiconductor facility producer in Ansan-si D.

E around November 208, the Ministry of Knowledge Economy of the Republic of Korea has been selected as an institution in charge of the “F Development Project” (hereinafter “instant development project”), and around that time between the Ministry of Knowledge Economy and the Ministry of Knowledge Economy, “Agreement period: from November 1, 2008 to October 31, 201,” government contributions were deposited in the first year ( October 1, 2008 - October 31, 2009) with the first year’s government contributions, and the second year ( November 1, 2009 - November 1, 2009 - October 31, 201), with the funds of KRW 619,00,000,000 from the Ministry of Knowledge Economy (hereinafter “instant development project”). The Government contributions were deposited in the accounts of the said Ministry of Knowledge Economy for the purpose of using them for any purpose other than the development project of the instant case, and the Government contributions were not used for any purpose other than the purpose of the instant development project.” The Government contributions were deposited in the accounts of the victims’ account.

However, the Defendant, on December 19, 2008, embezzled 57,700,000 won in total five times from December 19, 2008 to February 3, 2010, using the said money as debt repayment, etc. to E’s transaction partner, after having transferred 180,000,000 won to E’s account under the name of E; and on the same day, he again transferred NA to E agricultural bank account (J) and used it to repay debt to E’s transaction partner and employees unrelated to the instant development.

Summary of Evidence

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