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(영문) 서울남부지방법원 2016.05.19 2015고단1857
업무상횡령
Text

Defendant

A Imprisonment with prison labor of one year and three months, Defendant B's imprisonment with prison labor of four months, and Defendant C shall be punished by imprisonment with prison labor of ten months.

Reasons

Punishment of the crime

[Attachment, Defendant A was sentenced to ten years of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) at the Seoul High Court on June 4, 2015, and the judgment became final and conclusive on September 10, 2015. Defendant B was sentenced to two years of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) at the Seoul High Court on June 4, 2015 and the judgment became final and conclusive on September 10, 2015. Defendant C was sentenced to four years of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) at the Seoul High Court on April 5, 2013, and the judgment became final and conclusive on April 13, 2013.

[2] Defendant A, while serving as the largest shareholder and the representative director of H (hereinafter “H”) under the name of Defendant C, was in general in charge of overall management, including Defendant C’s funding, management, and enforcement. Defendant B, while serving as a director of H, was in general in charge of funding, management, and enforcement.

On December 208, the Victim Korea Evaluation Institute of Industrial Technology (hereinafter referred to as the "Industrial Technology Evaluation Institute") decided to subsidize the technical development expenses for the "I" projects of H around December 2008, and between H and H, the period of technological development was from November 1, 2008 to October 31, 201, (36 months) the cost of technological development was KRW 971,00,000 in the first year during the period of technological development, and KRW 589,00,000 in the second year, and KRW 780,000 in the third year, and KRW 780,000 in the third year, and the cost of technological development paid by H were to be used for each item specified in the technical development project plan for parts and materials, and entered into a new agreement with H around 200,000 in the name of the bank in accordance with the standards for the management and use of the project expenses in accordance with the said agreement.

The Defendants’ funds are H.

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