A defendant shall be punished by imprisonment with prison labor for not more than ten months.

Punishment of the crime

The defendant is the representative director of C, a corporation established for the purpose of manufacturing the Jive PPP, etc. located in B in Haan-gun, Chungcheongnam-gun, who is engaged in overall affairs of the above company, such as the operation and fund execution.

On September 29, 2017, C was selected as a major institution for the ‘F' task, which is a national research and development project promoted by the Ministry of Science, ICT and Future Planning (the Ministry of Science, ICT and Future Planning) as a victim, and entered into an agreement with the Association and the major institution.

Pursuant to the above Convention on October 19, 2017, C received KRW 200 million from the above Association as the Agricultural Cooperative (G) account in the name of the Defendant Company, the exclusive account for project costs, and stored for the victim.

The project cost above shall be deposited and managed in an exclusive account for project costs in accordance with the regulations on the management of research and development projects in the fields of science and technology, management guidelines, etc. of the Ministry of Science, ICT and Future Planning

Nevertheless, around December 6, 2017, the Defendant transferred KRW 90,000,000 from the exclusive account for the project cost as a result of a shortage of company operation funds at the C Office of a Co., Ltd., and KRW 10,000,000 from the above exclusive account for the project cost around December 18 of the same year to the Defendant’s personal passbook (H), respectively. On January 17, 2018, the Defendant withdrawn KRW 16,474,98 from the above exclusive account for the project cost to the Defendant’s personal passbook (H), and used the said money in the name of paying the corporate card price and the employee’s salary.

As a result, the Defendant embezzled the total of 116,474,988 won of the government-invested project funds owned by the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police officer to I;

1. Complaints, requests for project costs, standard agreements with the host company, management guidelines for projects for projects for supporting investment-linked corporate growth, details of entrance and exit transactions (C), rules on research and development projects in science and technology, settlement reports on project costs, and project costs;