(영문) 서울남부지방법원 2012.10.25 2012고단2419

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(영문) 서울남부지방법원 2012.10.25 2012고단2419

업무상횡령

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A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

The defendant, from October 25, 199 to October 25, 199, is a representative director of C Co., Ltd. established for the purpose of wholesale and retail business of products related to transportation facilities and has overall control over the business affairs of the company

On December 28, 2010, the above C Co., Ltd. operated by the Defendant entered into an agreement with the Korea Construction Technology Evaluation Institute, which is a research and development task of the Korea Construction Technology Evaluation Institute, which performs the business selection, follow-up management, supervision, and evaluation, with the delegation of the "D Business" promoted by the Ministry of Land, Transport and Maritime Affairs, and kept in custody for the victim's country, by obtaining government contributions of KRW 593 million from the said Korea Construction Technology Evaluation Institute to the Korean bank account (F) in the name of C Co., Ltd. around December 29, 2010.

The Defendant was obligated to use government contributions received from the Korea Institute of Construction Technology Evaluation and Planning for the said D projects only for the performance of a research and development project, such as research equipment and material costs, in accordance with the standards prescribed in the said Convention.

Nevertheless, the Defendant, around December 29, 2010, transferred KRW 50 million from the said corporate bank account to the bank account under the name of the C Co., Ltd. (H) and embezzled KRW 5,229,930 as wages of employees of the said C Co., Ltd. from December 29, 2010 to March 9, 201, and embezzled KRW 439,84,357 as stated in the separate crime list from December 29, 2010 to March 9, 201.

Summary of Evidence

1. Defendant's legal statement;

1. Each legal statement of the witness J and K;

1. Each protocol of examination of the suspect against the accused by the prosecution (including the cross-examination);

1. Each protocol of prosecutor's statement concerning J, L and M;

1. Copy of the certified copy of corporate register, and the selection and evaluation plan of new tasks of D business in 2010; and

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