A defendant shall be punished by imprisonment for not less than eight months.

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

Punishment of the crime

From August 20, 2004 to December 2, 2008, the Defendant was in office as representative director E who develops electronic parts of communications equipment, such as the U.S., radar, etc., in Yeonsu-gu Incheon, and from January 2009, the Defendant was in office as representative director of G Co., Ltd., the trade name of which has been changed from the above E to the date of the change from the off-gu F building in Bupyeong-gu, 2009, and managed and operated the overall business of the Defendant.

Around May 1, 2009, the Defendant entered into an agreement with the Korea Evaluation Institute of Industrial Technology and Technology, which is in charge of the project for government-invested research tasks, on June 1, 2009, to implement the H development projects in the Technology and Quality Agency for Technology and Technology, and received KRW 360,000,000 as the project cost for the development of technology. On July 31, 2009, the Defendant received KRW 13,200,000 in total from the Small and Medium Business Administration, which is a fund for government-funded research tasks, as the project cost for the development of technology for the said research tasks, from that time, the Defendant received KRW 368,00,000 in total from that time to May 31, 2012.

However, the technology development project cost for the implementation of the government-invested research project can not be used exclusively for any purpose other than the project cost.

Nevertheless, the Defendant:

1. On September 27, 2009, 19,80,000 won as working expenses for the development of technology for the implementation of the above research task at the office of the above defendant's company, and 27,489,396 won as expenses for the said research task, are transferred from the Small and Medium Business Administration on the same day on the same day on the 28th day of the same month, and is under custody, 47,289,39,396 won as credit accounts receivable, etc. to J, which is a customer of the State, for other purposes.

2. On September 26, 2009, the above Defendant’s company office transferred KRW 28,765,00 from the Small and Medium Business Administration for the development of technology for the implementation of the above research tasks, which is different from the technology development project of the above research tasks around that time.