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(영문) 서울남부지방법원 2014.01.22 2013고단4262
업무상횡령
Text

Defendants shall be punished by imprisonment for one year.

However, the above punishment shall be imposed on the defendants for two years from the date of the final judgment of this case.

Reasons

Punishment of the crime

Defendant

A is the representative director and professional manager of F corporation established mainly for the research and development, manufacture, sale, installation, maintenance, and repair of the mobile communication system, and Defendant B is the vice-chairperson of F, and Defendant B is the president of G as the person who actually operated the above company while holding half of the above F's shares together with G. Defendant A, with the above F's poor performance, was insufficient for the company's operating funds, such as wages, retirement allowances, and payment for the company, which led to the shortage of the above F's operating funds, which led to Defendant B's voluntary use of government contributions for any other purpose.

1. The Defendants conspired to “DTV-type multichannels development project” on July 2008, 2008, at the above F Office of Guro-gu Seoul Metropolitan Government HA building No. 1504, the main institution of the “DTV-type multichannels development project,” which is a technological innovation development project, entered into an agreement with the Korea Industrial Technology Evaluation Institute who is delegated by the Ministry of Commerce, Industry and Energy for the selection, follow-up management, supervision, and evaluation of the said development project with the Korea Industrial Technology Evaluation Institute, which carries out the aforementioned development project. On August 5, 2008, the Korea Industrial Technology Evaluation Institute deposited KRW 136,00,000 for the said development project with the corporate bank account in the name of the said FF, transferred KRW 136,00,000 for the said development project to the said bank account in the course of its business, and transferred the said F Bank’s account in the name of the said F Bank, and then made use of the said funds and the funds for transfer and the aforementioned employees.

2. The Defendants in collusion with the “T-DM 3 EN-type extreme development project for the 3Enivers,” and the Defendants were selected from the above F office on Nov. 1, 2008 as the institution in charge of the “T-DM 3EN-type extreme development project for the promotion of technological innovation of small and medium enterprises,” and the designation, follow-up management, supervision, and evaluation of the project by being delegated by the Ministry of Commerce, Industry and Energy.

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