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(영문) 서울중앙지방법원 2020.12.16 2020고단5987
업무상횡령등
Text

Defendants shall be punished by a fine of four million won.

Defendant

If A does not pay the above fine, 100,000.

Reasons

Punishment of the crime

Defendant

A, as the representative director of B, has overall control over the business of receiving orders for research and development projects and fund management of the above company, and the defendant B is a corporation established for the purpose of computer programming service business.

1. Research and development expenses subsidized by the government of Defendant A pursuant to the terms and conditions of a project agreement entered into with government agencies, general management agencies, or agencies in charge of research and development projects shall be separately opened for each project in the name of the enterprise and used only for the purpose of business purposes in accordance with the principle of payment of project costs by item, such as direct, indirect, personnel expenses, and material cost, after deposit the Government contributions and the cash burden of the enterprise into the account together with the cash burden of the enterprise, and shall not be used for any other purpose, and the amount used in violation of the standards by item shall not be collected.

On the other hand, a business operator who has received a subsidy shall faithfully perform the subsidized project with due care as a good manager in accordance with statutes, the details of the decision to grant the subsidy, or the disposition of the head of a central government agency under the statutes, and shall not use

On June 15, 2015, the Defendant entered into an agreement with Cuniversity Industry-Academic Cooperation Foundation (1.5 billion won for government contributions of KRW 1,937,900,000 for the third year research and development expenses, and corporate contributions of KRW 437,90,00 for the third year research and development expenses) with respect to the “D” project implemented by Cuniversity Industry-Academic Cooperation Foundation as a managing research institute, and thus, the Defendant received government contributions from the victim E to the account in the name of B bank in the name of the said development project, and thus, the Defendant has a duty to use them only for the purpose necessary for the said development project.

Nevertheless, the defendant around November 15, 2017 Seoul.

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