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(영문) 창원지방법원 2015.11.19 2015고단2578
업무상횡령
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

1. The Republic of Korea is implementing "National Research and Development Projects" in accordance with the Framework Act on Science and Technology and the Regulations on the Management, etc. of National Research and Development Projects (Presidential Decree).

The term "national research and development project" means a research and development project in which a central administrative agency has specified research and development projects based on statutes and fully or partially contributed research and development expenses or subsidized with public funds

A person who has entered into an agreement with the State to perform a specific research and development task with the State subsidized research and development expenses according to the procedures prescribed by the above Acts and subordinate statutes shall manage the subsidized research and development expenses separately from funds for other purposes according to the standards prescribed by the above Convention and shall not use them for any purpose other than the purpose of performing a specific research

2. Criminal facts - The defendant is a person who holds office as the representative of the medical fluor manufacturing chain E in D 104 in Kimhae-si, while carrying out government-funded research tasks subsidized by the above company and performs the relevant government-funded research and development expenses, etc.

On December 209, the Defendant contributed subsidies from the Ministry of Trade, Industry and Energy as a task "F" at the above company office and applied for research and development expenses of KRW 284 million ( KRW 144 million per year, KRW 140 million per year, KRW 140 million per year, and KRW 140 million per year), which was supervised by the Korea Institute for Advancement of Technology in the last half of 2009, which was managed by the Korea Institute for Advancement of Technology, and accordingly, E was selected as a business entity eligible for subsidization of research and development expenses for the above task.

The Defendant entered into an agreement on technology development projects with the Korea Institute for Advancement of Technology on December 2009, and then transferred KRW 284 million from December 30, 2009 to December 20, 2010 to the national bank account in the name of E (G).

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