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(영문) 수원지방법원 안산지원 2018.06.26 2018고단1431
업무상횡령등
Text

Defendant

A shall be punished by imprisonment for six months, and by a fine of five million won for Defendant B.

However, the defendant A.

Reasons

Punishment of the crime

[criminal records] Defendant A was sentenced to six months of imprisonment for fraud in the support of Suwon Frigwon on March 9, 2017, and one year of suspended execution, and the judgment became final and conclusive on the 17th of the same month.

[Criminal facts]

1. The defendant A is the representative director of the corporation B, which is located in the Gangseo-gu Seoul Metropolitan Government E building A 208, and the person who exercises overall control over the business and fund execution of the corporation B.

In order to promote technological innovation of small and medium enterprises on January 13, 2015, the Administrator of the Small and Medium Business Administration publicly announced the “2015 implementation plan for 2015 business start-up growth technology development projects by providing the government contributions to the technology development project implemented by small and medium enterprises with the government contributions,” and submitted a plan to develop a scooter, etc. applicable to the head of the small and medium business on April 9, 2015, and applied for subsidies to the head of the small and medium business on September 2015.

Thus, on October 3, 2015, the Defendant received 18,000,000 won from the head of the small and medium enterprise office for the purpose of “the cost of purchasing prototypes (protypes) manufacturing parts” from the head of the small and medium enterprise office, and used them for the purpose of paying the Defendant’s debt to F, the Defendant’s creditor, and used 154,121,641 won in total for the purpose of paying the Defendant’s debt or rent, etc. for the development project of technology granted by the head of the small and medium enterprise office over 10 times from that to November 25, 2015.

As a result, the Defendant used subsidies for other purposes as a subsidized business operator, while receiving subsidies from the head of the victim small and medium enterprises, and embezzled such subsidies as government contributions for technology development projects while on duty, etc. for the purpose of paying debts.

2. The defendant B (representative A) is the defendant's representative director, and paragraph (1) of this Article.

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