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(영문) 서울북부지방법원 2016.08.31 2016고단2192
업무상횡령등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

1. Defendant A is a professor of M graduate school from April 1993 to March 1, 1993, who is an actual operator of (ju) N for the purpose of information and communications service business and (ju) for the purpose of information and communications service business.

A. The Defendant, as the actual operator of N, whose head Q Q recorded as the representative director (State) and entered into an agreement with the Korea Development Agency for Technology Information and Promotion of Small and Medium Enterprises and the Small and Medium Business Administration (State) as the main institution for the above research task, around November 2008, on the embezzlement of research development funds (270,9920,000).

In such cases, the defendant has a duty to properly manage the research and development expenses so that they can be used according to the use and purpose as a person in charge of research.

Nevertheless, on December 30, 2008, the Defendant received research development costs of KRW 229 million from the Promotion Institute for the technical information on the victim's technology from the victim's small and medium enterprise and received and kept the research development costs of KRW 458 million in total, and paid KRW 29,500,000 as the purchase price for the equipment to (ju) R around January 22, 2009 and arbitrarily used KRW 27,903,80 for the purpose of children registration fees, personal loan interest, etc.

In addition, from January 7, 2009 to November 1, 2010, the Defendant embezzled KRW 27,9922,208,00,000,000 from January 7, 200 to November 1, 201, for 51 occasions, as shown in the attached Table 1 List of Crimes.

B. Around March 2010, the Defendant: (a) entered into an agreement with the Korea Evaluation Institute of Industrial Technology and the Knowledge Economy Department (the current Ministry of Trade, Industry and Energy); (b) as the actual operator of N, on the embezzlement of research and development costs (as approximately KRW 5,9620,00) with respect to the “S” research task under the supervision of the Korea Evaluation Institute of Industrial Technology and the Knowledge Economy Department (the “S”).

In such cases, as a person responsible for the above research task, the expenses for research and development of the research task shall be used for the purpose and purpose of the research project.

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