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(영문) 서울중앙지방법원 2016.08.18 2015고합592
특정경제범죄가중처벌등에관한법률위반(횡령)등
Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

The Defendant is the representative director of F Co., Ltd. (hereinafter referred to as “F”), a software developer for the intelligent robot system, who is in charge of overall management of the company, such as business contracts, development, and funding.

1. As part of the government’s source industrial technology development project, F, which is operated by the Defendant for embezzlement of government subsidies related to “G projects, is selected by the Minister of Trade, Industry and Energy as a participating institution in the “G development” project, and around June 2010, the Korea Institute of Industrial Technology Evaluation and Planning (KIT), Korea Electronic Telecommunications Institute (ETRI), the supervising institution, and the “Agreement on Knowledge Economy and Economy Technology Innovation Project” were concluded.

The Defendant was well aware that the government’s contributions executed for the performance of the above project should be set up and managed separately from the funds for other purposes by “Guidelines for Joint Operation of Industrial Technology Innovation Project”, “Guidelines for Calculation, Management, Use, and Settlement of Project Costs for Industrial Technology Innovation Projects” and “Guidelines for Calculation, Management, and Settlement of Project Costs for Industrial Technology Innovation Projects”, and should not be used for each item specified in the Technology Development Convention.

Nevertheless, the Defendant has forged or altered relevant documents, such as research contracts, tax invoices, and certificates of transfer verification, which are necessary to receive government subsidies, or written a false statement of forgery or alteration in the indictment. However, the prosecutor changed the method of committing the crime in the attached Form No. 26 or No. 33 at the time of July 1, 2016 from the written application for the permission for the amendment of indictment on July 1, 2016 to “the preparation of a false contract, false tax invoice, and false certificate of transfer confirmation.” As such, it is deemed that there was an amendment of the indictment to add the above method of committing the crime to this part of the charges, and this court is deemed to have permitted it at the trial date on July 5, 2016.

In order to embezzled government subsidies, it was intended to make up for it.

Accordingly, the Defendant from August 23, 2010 to November 4, 2013.

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