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(영문) 광주지방법원 순천지원 2016.01.12 2015고단1366
업무상횡령
Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

On December 18, 2013, the Defendant was sentenced to a suspended sentence of four months in the Gwangju District Court’s Net Branch for Occupational Embezzlement, and the said judgment became final and conclusive on December 27, 2013.

The defendant is the representative director of DD who is a company that develops, manufactures, or sells robots and takes overall control over the affairs of the company, such as fund execution.

On June 1, 2012, the Defendant entered into a national research and development project agreement with the Korea Industrial Technology Promotion Agency (hereinafter “victim”) which is an institution affiliated with the Ministry of Trade, Industry and Energy, and entered into a national research and development project agreement with the said company. From June 1, 2012 to April 30, 2015, the “E” task and entered into a national research and development project agreement with the effect that it would receive 900 million won from the injured party as the research development cost for the performance of the task.

In addition, on June 29, 2012, the Defendant received 49.5 million won for research development from the damaged person to the bank account (F) in the name of a corporate bank in D and kept the victim in custody for business purposes.

In order to carry out the above national research and development tasks, the Defendant was obligated to use the government contributions received from the Korea Industrial Technology Promotion Agency only for limited purposes, such as research funds related to research and development, in accordance with the standards prescribed in the above Convention

Nevertheless, the Defendant, by using the above funds including the government contributions made by the Defendant due to the difficulties in operating the company, had the intent to use them as the repayment of the company’s obligations. On August 27, 2012, the Defendant embezzled the above amount by remitting the amount of KRW 150 million to (H) the company bank account in the name of D’s bank operating expenses from the (State) D’s office in the name of 211 of the company in order to make up for the aforementioned research and development cost management account.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Each police statement made to I, J, and K;

1. A certified copy of police statement concerning L;

1. Court rulings of the first instance; and

1. A copy of each bankbook and a detailed statement of transactions;

1. Requests for investigation and requests for investigation;

1. Judgment.

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