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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
1. On September 18, 2012, the Defendant, including the party status, was sentenced to six months of imprisonment and one year of suspended execution for violating the Labor Standards Act at the Daegu District Court, which became final and conclusive on September 26, 2012, and is currently under suspended execution, and is the representative director of C of a stock company established for the purpose of producing, manufacturing, etc. Manaium Pium PiumPPPPPPPPPPPPPPPPPP
2. On September 30, 2010, the Defendant received KRW 600 million from the victim Korea Institute of Energy Technology Evaluation and Planning to the bank account in the name of C and kept in custody for business purposes at the office of Seocho-gu Seoul Seocho-gu Seoul Metropolitan Government D Co., Ltd.
From September 1, 2009 to August 31, 201, in order for C to efficiently carry out projects, such as planning, evaluation, and management of national energy research and development projects, the Korea Institute of Energy Technology Evaluation and Planning established under the Energy Act was designated as a detailed institution for the task of “E technology development”, which is the two detailed tasks, among the tasks of “EN site or energy reduction-type production technology development” managed by the Korea Institute of Energy Technology Evaluation and Planning established under the Energy Act, and concluded an agreement with the Korea Institute of Energy Technology Evaluation and Planning for the project of technological innovation and technology development and received the project for the development of technology. In such case, the Defendant used the project funds only for the purpose of the technology development project.
Nevertheless, around November 23, 2010, the Defendant arbitrarily transferred KRW 4,000,500,000 to a deposit account in the name of Daegu Bank in the name of C, a stock company, out of the development project cost of KRW 600 million. From that time, the Defendant withdrawn KRW 146,205,000 in total over 11 occasions as shown in the separate sheet of crime from January 4, 201, and embezzled it for the purpose of the company operation fund of C or F, which is not related to the development project.
b)a summary of the evidence;