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(영문) 서울남부지방법원 2017.07.27 2017고합142
특정경제범죄가중처벌등에관한법률위반(횡령)
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

However, the execution of the above sentence shall be suspended for a period of four years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

【Criminal Records of Crimes】 On November 10, 201, the Seoul Southern District Court sentenced two years of imprisonment with prison labor and three years of suspended execution due to occupational embezzlement, etc. on December 26, 201, which became final and conclusive on December 26, 201. On January 13, 2012, the Defendant was sentenced to ten months of imprisonment with prison labor and two years of suspended execution due to the crime of bribery in the same court on January 13, 201 and became final and conclusive on January 21, 2012.

【Resumed Facts Co., Ltd. (hereinafter “D”) is a corporation that engages in the business of developing data processing and geographic information-related systems on the Seoul F building and the 13th floor of Geumcheon-gu Seoul Metropolitan Government F building and the 13th floor.

D around December 20, 2007, D around December 23, 2012, D entered into an agreement with the Korean Transport Institute on the research subject of “G” (hereinafter referred to as “the instant research subject”) (hereinafter referred to as “the instant agreement”) from around December 24, 2007 to September 23, 2012 (the date on which the term of the agreement expires at the time of the fifth agreement from June 1, 201 to May 30, 2012), and entered into an annual agreement on the Research and Development Project for Construction Technology (hereinafter referred to as “the instant agreement”).

D received 63,207,000 won from the Korean Transport Research Institute on February 20, 2008, including the receipt of 63,207,000 won from the government contributions in the first year of the first year from February 20, 2008 to July 8, 2011, and received 3,009,92,000 won as research development costs.

The Defendant, who had served as D’s representative director from May 7, 1987 to July 11, 2012, took overall charge of the affairs of keeping, executing, and settling the research funds of the instant research task performed from around December 24, 2007 to May 30, 2012 for the State as the damaged.

According to the records of research and development agreements and regulations on the operation of research and development projects, etc. related to the execution of research and development expenses paid by the Korea Transportation Institute, D manages research and development expenses with a separate account (D's HH account in Korea; hereinafter "research and development expenses-only account"), and paid research and development expenses are strictly used only for research and development expenses.

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