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(영문) 수원지방법원 2013.03.27 2012고단6062
업무상횡령
Text

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

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

Reasons

Punishment of the crime

From December 27, 2007, the Defendant served as the representative director of D Co., Ltd. (hereinafter “D”) for the purpose of developing and manufacturing electric control equipment, and has overall control over the above company’s business, such as fund execution.

1. On October 2008, 2008, D operated by the Defendant for occupational embezzlement of government contributions related to “MCCB” related to “the remote control type blocking method using e-ray e-ray e-ray e-ray e-ray e-ray e-ray e-ray e-ray e-ray e-ray e-ray development project, which is promoted by the Korea Energy Technology Evaluation and Planning Institute, was selected as a joint research and development project entity (major institution: Co., Ltd., and participating institution: D).

On November 1, 2008, the Defendant entered into an agreement with the Korea Institute of Energy Technology Evaluation and Planning on the research and development of the electric utility industry with the Korea Institute of Electricity Industry that manages and supervises the aforementioned technology development project delegated by the Korea Institute of Energy Technology Evaluation and Planning on November 1, 2008 to October 31, 2010 on the performance of the said development project for a period of 24 months from November 1, 2008. On January 22, 2009, the Defendant received government contributions from the said Institute of Electricity as the bank account in the name of D and kept the victim in the course of business.

The defendant has occupational duties to use the government contributions only for the limited purposes, such as research equipment and facility costs related to technology development, in accordance with the standards prescribed by the above Convention.

Nevertheless, the Defendant, even though he did not purchase “MFA processed products and LINK processed products” in an amount equivalent to KRW 11,53,000 (excluding value added tax) from F (Representative G), received a false tax invoice on February 25, 2010, and paid the price to F. Around February 26, 2010, the Defendant returned KRW 11,553,000 to the new bank account in the Defendant’s name of his wife and thereafter, was related to the development of technology provided for in the above Convention at the Seoul Special Self-Governing City I (Seoul Special Metropolitan City), where the Defendant’s office is located.

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