Defendant

A Imprisonment for 10 months, Defendant B shall be punished by imprisonment for 1 year, and Defendant C shall be punished by a fine of 4,00,000.

Punishment of the crime

[2014 Highest 2276] Defendant A is the representative director of K established at the jurisdiction of Yangsan-si for the purpose of manufacturing and selling automobile parts, who has overall control over the business affairs such as the execution of funds of the said company. Defendant B is the executive director of the said company, who is the director of the said company, and is in charge of all the research and development affairs in accordance with the direction of

Defendant

On July 1, 2005, K Co., Ltd. operated by A was selected as an institution in charge of “L (from July 1, 2005 to April 30, 2010)” research tasks, which are industrial core technology development projects promoted by the Ministry of Knowledge Economy, and entered into an agreement on technology development projects with the Korea Institute of Industrial Technology Evaluation and Planning which is delegated by the Ministry of Knowledge Economy to select, manage, supervise, and evaluate the above projects, and then, it received 432,625,000 government contributions from the Korea Institute of Industrial Technology to the account (M) in the name of K, Inc. which is the management account of the above research task, and kept them for the victim's business.

However, even though Defendant A and B have a duty to use the government contributions received from the Korea Institute of Industrial Technology for the above technology development project only for the limited purposes of use such as research equipment and facility costs related to technology development in accordance with the standards set forth in the above Convention, Defendant A and B collected funds irrelevant to research and development, such as converting them into the transaction prices of mass production machinery and equipment, etc. to the trading enterprises of K companies.

Accordingly, among the above research tasks on July 10, 2009, Defendant A and B voluntarily used KRW 20,500,000 from the above management account to the corporate bank account in the name of N(O) after deducting the charges of the above company, as the cost of mass production equipment for business N of K, a stock company that is not related to the production cost of EGR COL-type start gold-type.

In addition, Defendant A and B conspired on July 10, 2009.