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Reasons
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(영문) 서울남부지방법원 2014.05.28 2014고정309
업무상횡령
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Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant was the representative director of E, a corporation mainly established for the manufacture and distribution of medical devices, such as Alley No. 1308, around August 2009. Around August 30, the Defendant: (a) was selected as the institution in charge of the project for the development of the portable aggregate density diagnosis devices to enter the Japanese market, which is a technological innovation development project for small and medium enterprises; (b) entered into an agreement on the development of technology with the Small and Medium Business Administration delegated the said development project from the Ministry of Commerce, Industry and Energy; and (c) deposited the amount equivalent to KRW 229,00,000 from the Korea Evaluation Institute of Industrial Technology to the corporate bank account (G) in the name of E, and deposited the amount equivalent to KRW 229,00,000 for the said development project with the primary government contribution to KRW 360,000,000 for the said development project; (d) around 30,2009, the Defendant used the aggregate of KRW 47,636,000,0,000.

Summary of Evidence

1. Partial statement of the defendant;

1. Each prosecutor's protocol of examination of the accused and H by the prosecution;

1. A written statement of I;

1. Each investigation report (475 pages, 1242 pages of investigation records);

1. Name of the project to support the project cost and the list of relevant enterprises;

1. Application of the details of the purchase and the statutes governing the supply of components to stock companies;

1. Relevant Article 356 of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act and the choice of fines concerning criminal facts;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The specific purpose of sentencing under Article 334(1) of the Criminal Procedure Act is to use the government contributions of this case, which are specified for the purpose of development of a portable frame density diagnosis machine, at the time of disbursement.

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