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(영문) 인천지방법원 부천지원 2013.08.08 2013고단986
업무상횡령
Text

A defendant shall be punished by imprisonment for not more than ten 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

The Defendant is the representative director of C Co., Ltd (hereinafter referred to as “C”) with the objective of developing and selling engine-making reduction technology.

C Around June 26, 2009, the Korea Evaluation Institute of Industrial Technology entrusted by the Minister of Knowledge Economy was selected as a participating institution of the "Technology Development Project (Name: Non-Rod 50 KW engine development, total period of technology development: from May 1, 2009 to April 30, 2013)", which is a technological innovation project conducted by the Daedong Industries and the major institution.

The above defendant paid to the above Daedong Industries by the Korea Evaluation Institute of Industrial Technology, and has overall control over the management and execution of government contributions, which is the technology development project cost to be paid to the above Daedong Industries C.

Therefore, the Defendant should use the government contributions only for the limited purposes, such as the purchase of research equipment and materials related to technology development.

Nevertheless, the Defendant:

1. Around June 7, 2010, while receiving government contributions of the second year (from May 1, 2010 to April 30, 201) of the project’s second year (from May 1, 2011 to April 30, 201) from the above Daedong Industries and receiving KRW 523,120,000 from the government contributions for the development project expenses for the Republic of Korea for the Republic of Korea for the victim, 90,000 out of the government contributions above around January 27, 201, and 60,000,000, out of the government contributions above around the 28th of the same month, were embezzled by paying for each of the above temporary compact for purchasing costs, etc.

2. Around July 6, 201, the government contributions 439,197,000 won, which are the cost for the development of technology, are received from the said Daedong Industries for the third year (from May 1, 2011 to April 30, 201) of the said project, and are kept in custody for the Republic of Korea for the victim. On or around the 28th of the said month, KRW 50,000, out of the government contributions, 500,000, out of the said government contributions, were awarded to the said Daedong Industries for purchase costs of “CHDY” and “Mrthane analysis.”

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