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(영문) 의정부지방법원 2015.09.14 2014고단4605
업무상횡령
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. From September 2009, the Defendant, who entered into a contract with D Co., Ltd. on the terms and conditions of donation payment, worked as the management director, the management director, the management director, and the management and operation director, from around September 2009, as the E University (F University in 201, and G University in succession to the name of its faculty in 2014). The Defendant overall control over the acquisition, maintenance and repair of school facilities and assets

From the second half of 2009, the Defendant decided to promote geothermal heating and cooling system in the E University as part of the Green Campus, and was in charge of the selection of the installation company of the E University's geothermal heating and cooling system installation business with H, etc. along with the planning director H, etc.

On March 2010, the Defendant: (a) sought an explanation from J to J on the ground that “heat construction is eligible to receive a national subsidy from the Energy Management Corporation up to 50% of the construction cost, but the period of receipt of the application for the project has not expired; (b) the J did not reduce the construction cost for the construction contract; (c) however, the J did not request to pay 15% of the total construction cost (30%) as the development fund on the ground that the standard unit price of the Energy Management Corporation is set by the Korea Energy Management Corporation; and (d) the Defendant again tried to divide the construction cost into KRW 15,00 (30% of the total construction cost, 493,494,000, 493,494,000, 494,000,000 won, which is a government subsidy).

Afterward, the Defendant reported to the planning director H and Secretary L, etc. that he would be donated an amount equivalent to KRW 120,000 to KRW 10,200,000 from J, and obtained approval on March 22, 2010, and concluded a contract with D on March 22, 2010 with the E University District Air conditioning and heating System Installation (hereinafter “E University Air conditioning and heating System Installation”) with the J, the Defendant “15% of the total construction cost (30% of the university charges)” from the J.

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