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(영문) 서울남부지방법원 2017.06.14 2016고단6233
횡령등
Text

1. Defendant A shall be punished by imprisonment for two years.

2. Defendant B shall be punished by a fine of KRW 5,00,000.

Reasons

Punishment of the crime

Defendant A was the managing director of the Korea Energy Technology Evaluation and Planning Institute, a quasi-governmental institution affiliated with the Ministry of Trade, Industry and Energy, for the purpose of boiler manufacturing and recycling energy projects (hereinafter “C”). Defendant A placed an order for government contributions from August 2013 to July 2016; “D research tasks (hereinafter “D”) worth KRW 1.7 billion in total project cost; from December 2014 to December 11, 2017; KRW 4.975 million in total project cost; and Defendant B was the representative of a company for the purpose of manufacturing, etc.

The Defendants concluded a contract to manufacture equipment necessary for the above research tasks in F, operated by Defendant B, to supply them to C, and instead, Defendant B withdrawn some of them from the victim of the Republic of Korea subsidies from the National Treasury in relation thereto and granted them to Defendant A.

1. On January 20, 2015, the Defendants entered into a contract with F to supply C with the construction cost of “H Corporation” at KRW 363 million (including value added tax) in the office of the 20th floor of the G building in the Gyeonggi-gu Gyeonggi-si, and with respect to one task, the Defendants entered into a contract with F to supply “H Corporation” up to April 30, 2016. Defendant B, on January 21, 2015, deposited KRW 110 million of the government subsidy specified for the purpose of using the production of task-related equipment, etc., through the Korea Institute of Energy Technology Evaluation and Planning through the Korea Institute of Energy Technology Evaluation and Planning, and deposited the subsidy, and Defendant A, at the request of Defendant A, withdrawn the said money from the I Bank in the name of the Republic of Korea and deliver it to the Defendant A, and Defendant A, at the same time, who promoted the said money from the Gangwon-gu Seoul Special Metropolitan City.

The K project cost and the operation fund of L corporation established by the representative director was arbitrarily used for the project.

In this respect.

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