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(영문) 창원지방법원 2016.01.13 2015고단3213
사기등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant changed the name of a juristic person from early 2013 to February 25, 2015, to F, and was in office as a representative director until now. The Defendant changed the name of a juristic person to F, and was in office as a representative director. From early 2004 to early 19 February 2014, the Defendant changed the trade name of a juristic person to F, and was in office as a representative director, and was in general in charge of the operation and fund execution of each said juristic person while working as a representative director.

1. The Defendant was selected as an institution in charge of performing research tasks, which was promoted by the Korea Evaluation Institute of Industrial Technology from September 1, 2012 to August 31, 2014, and received from the said Korea Evaluation Institute of Industrial Technology 485,000,000 Government contributions from October 25, 2012 to November 13, 2013, from the said Korea Evaluation Institute of Industrial Technology, to receive KRW 485,00,000 from around October 25, 2012 to the said K’s account (the Daegu Bank Account Number J, K, L, and M) for the victim’s business.

As a person in charge of funding of H, the Defendant had occupational duties to use the government contributions only for the limited purposes of research funds, facilities, equipment, material costs, etc. related to the said research task.

Nevertheless, around November 14, 2012, the Defendant arbitrarily embezzled KRW 5,500,000 out of the Government’s contributions to N Co., Ltd. (RepresentativeO) in order to pay transaction amounts unrelated to the research task, as well as arbitrarily embezzled KRW 98,697,246 in total on 27 occasions from that Si to August 26, 2014, as shown in the attached Table of Crimes (1).

2. The Defendant was selected as an institution in charge of performing the research tasks called “P” promoted by the Korea robot Industry Promotion Institute from June 1, 2013 to April 30, 2014, and on July 24, 2013 with respect to the pertinent tasks from the said Korea robot Industry Promotion Institute.

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