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(영문) 광주지방법원 2013.07.02 2012고단6523
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

The Defendant is a person who, from April 20, 202, has been operating Co., Ltd. E (the former trade name: F Co., Ltd. and the latter trade name: G) which has its head office on the sixth floor of the non-Dong-dong, Gwangju Northern-dong D Building from around 2002.

On April 109, 2009, Co., Ltd. was selected as a managing research institute of H development among government book projects conducted by the National Institute of Food, Agriculture, Forestry and Food Technology Evaluation and Planning under the Ministry for Food, Agriculture, Forestry and Fisheries, and the Defendant entered into an agreement with the Agricultural and Food Technology Management Center on April 10, 2009, and entered into a research and development agreement with the Defendant on May 13, 201 with the Agricultural and Food Technology Management Center under the name of E, the Korea Food and Food Technology Evaluation and Planning Institute transferred KRW 165,00,000 from the government contribution to the corporate account of E

Pursuant to the operating rules of agricultural, fisheries and food research and development projects, the management standards of agricultural, fisheries and food research and development projects, and the agreement on research and development projects, the government contributions for the said research and development projects shall be managed as a designated passbook and used only according to

Nevertheless, the Defendant, on May 13, 201, arbitrarily used KRW 5,000,000 for the payment of office management expenses of the E company E, a stock company, and embezzled all 12 times from around that time to July 25, 201.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police officer to I;

1. An agreement on a research and development task;

1. Operational rules for agricultural, fisheries and food research and development projects;

1. Standards for management of agricultural, fisheries and food research and development projects;

1. Application of Acts and subordinate statutes on the details of transactions, accounts opened in general, and accounts;

1. Relevant Article of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act (Overallly, the choice of imprisonment with prison labor);

1. Although there is no previous reason for sentencing under Article 62(1) of the Criminal Act (see, e.g., Article 62(1) of the suspended sentence, the defendant will be suspended from execution for fraud.

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