A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

The defendant is the representative director of the B Co., Ltd., which is a company that develops, manufactures, or sells robots, who exercises overall control over the business of the company.

On August 17, 2011, B Co., Ltd. run by the Defendant entered into an agreement with the Korea Institute of Energy Technology Evaluation and Planning, which is an agency under the Ministry of Trade, Industry and Energy, on the project for technological innovation of knowledge and economy, and, from July 1, 2011 to June 30, 2013, while carrying out the “C Development” task, the Defendant would receive KRW 50 million, equivalent to the ratio of 75/95 out of the development-related costs from the victims.

In addition, according to the above Convention, the Defendant transferred the total amount of government contributions of KRW 50 million from the victim to the Industrial Bank of Korea account opened in the name of the said company, including KRW 30 million on August 26, 2011, and KRW 250 million on June 29, 2012, to the victim’s country as a technology development fund.

The Defendant was obligated to use the government contributions received from the Korea Institute of Energy Technology Evaluation and Planning for the implementation of the technology development task only for limited purposes, such as research funds related to technology development, in accordance with the standards prescribed in the Convention.

Nevertheless, the Defendant used the technology development fund including government contributions due to difficulties in the operation of the company, and used 6,728,000 won out of the above technology development fund under the pretext of value added tax for the purchase of company goods at the above company office around July 2012, and used 16,92,000 won out of the above technology development fund at the same place around August 27, 2012 for employees’ retirement benefits.

As a result, the Defendant embezzled KRW 19,549,451 equivalent to government shares out of KRW 23,720,000, regardless of the use of technology development.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Report of investigation (with regard to the details of the execution of surtax) and data on the part of the occupational embezzlement reported;