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(영문) 대구지방법원 2016.01.29 2015고합373
특정경제범죄가중처벌등에관한법률위반(사기)
Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

From September 9, 2003 to March 30, 2012, the Defendant was the chief executive officer of E (E) (hereinafter “E”) established for the purpose of the development and supply of military affairs and air space car system, and was the general manager of F (hereinafter “instant task”).

1. On June 26, 2007, violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) against the Korea Institute for the Promotion of the Victims' Korean Parts and Materials Industry, E entered into an agreement on the development of technology with the Ministry of Trade, Industry and Energy for parts and materials concerning the instant task, and agreed to carry out the instant task by receiving 2,208,000,000, Government contributions from the Ministry of Trade, Industry and Energy for the three-year period from June 1, 2007 to May 31, 2010.

Meanwhile, according to the above agreement, E shall bear 454,00,000 won in the first year, 160,000,000 won in the second year, and 134,00,000 won in the third year, and 134,00,000 won in the third year, and government contributions and private contributions shall be used for each item specified in the business plan, separately from funds for other purposes, while establishing and managing a separate account, and the Government contributions shall be used for each item specified in the business plan, and the Government contributions shall be paid to the Institute for the Promotion of Korean Parts and Information Industry for the Victims of Korea entrusted with the management of government contributions from the Ministry of Trade, Industry and Energy (hereinafter “Promotion Institute”).

Accordingly, on June 1, 2007, from around September 30, 2008 to around September 30, 2008, the Defendant received 774,000,000 won of government contributions from the victim in the first year, and conducted the first year research on the instant task, and was ordered to submit a revised project plan by supplementing the annual development goals, etc. from the evaluation committee members in the middle evaluation of the first year that took place around September 30, 2008.

After October 9, 2008, the Defendant borne 160,000,000 private contributions from October 1, 2008 to September 30, 2009 to the Victim Promotion Agency, and paid 774,00,000,000 government contributions.

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