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(영문) 서울중앙지방법원 2015.08.20 2015고단3793
업무상횡령
Text

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

[Basic Facts] The term "national research and development project" is a research and development project in which central administrative agencies specify research and development tasks and contribute all or part of the research and development expenses or provide them with public funds, etc.

A person who has entered into an agreement with the State to perform a specific research and development task with the State subsidized research and development expenses pursuant to the procedures prescribed by the above Acts and subordinate statutes shall manage the subsidized research and development expenses separately from funds for other purposes according to the standards prescribed by the above Convention and shall not use them for any purpose other than the purpose of performing a specific research

【Criminal Facts】

The defendant served as the representative director of C, a corporation with the purpose of radiation waste salting and treatment, and manufacturing devices, and has overall control over the overall affairs such as fund management.

On November 1, 2007, the Defendant entered into a national research and development project agreement with the victim country with the content that the research and development task shall be named as D, the project period from November 1, 2007 to October 31, 2009, and that the Defendant shall receive KRW 910 million as research and development expenses for the performance of the above task. On November 11, 2008, the Defendant was paid KRW 490 million as research and development expenses for the second year from the victim to the account in the name of Korea C in the name of the stock company.

The Defendant, while keeping the above research and development costs for a victim as a business, voluntarily uses 100,700,000 won in total by eight times as shown below, from the time on June 9, 2009, by transferring 36,000 won out of the above research and development costs to the post office account in the name of C Co., Ltd. at Suwon-gu, Suwon-gu, Seoul, Seoul, to use the above research and development costs to the post office account in the name of C, a corporation, regardless of the above research and development costs.

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