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(영문) 수원지방법원 성남지원 2015.08.12 2015고단1139
업무상횡령
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

The Defendant is a representative director of Daejeon P Co., Ltd. (hereinafter “D”) in Daejeon-gu, who exercises overall control over the execution of the funds of the said company.

D Around November 1, 2012, upon delegation by the Ministry of Trade, Industry and Energy, enter into an agreement with the Korean Institute of Energy Technology Evaluation and Planning (hereinafter referred to as the “Korea Institute of Energy Technology Evaluation and Planning”) in charge of the selection, post management, supervision, and evaluation of energy developers, and with respect to research and development tasks (hereinafter referred to as “E”) from November 1, 2012 to October 31, 2015, under which the victim’s Government is subsidized KRW 830 million from the victim’s Republic of Korea, and no person who entered into an agreement with the victim to carry out a specific research and development task with the aforementioned research and development costs subsidized shall manage the research and development costs in a separate account with the head of a Tong separately from the funds for other purposes in accordance with the standards set forth in the above agreement, and use the research and development costs subsidized for any purpose other than for a specific research and development task.

1. Around March 25, 2013, the Defendant: (a) at the foregoing D office around March 25, 2013, sent the full amount of KRW 43 million, which was deposited as part of the government contributions, to the HO account for the purpose of managing research funds from the Technology Evaluation Institute, to the HO account for the purpose of managing research funds: In order to enhance the transparency of national research and development funds, the Defendant: (b) registered D corporate bank accounts (Account Number: November 1, 2012 to October 31, 2013) registered with the National Tax Service and financial institutions in real time to deal with the use, settlement, and recovery of research funds in connection with the National Research and Development Fund; (c) transferred the same day in full to the HO account for the purpose of managing research funds; and (d) transferred the same year in full to the HO account for the purpose of revoking the order.

3. At around 26.26. Around the same year, an industrial bank account in the name of D (Account Number): 33.4 million won has been refunded;

3. Around 27.20, KRW 27.1 million was arbitrarily used for repayment of D’s corporate bank loans unrelated to the pertinent task, and KRW 33.4 million was totaled five times, as indicated in attached Table 1-5, as shown in attached Table 1-5.

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