A defendant shall be punished by imprisonment for not more than ten months.

Punishment of the crime

On July 18, 2013, the Defendant was sentenced to a suspended sentence of two years for a year of imprisonment due to occupational breach of trust, etc. by the Incheon District Court. On October 15, 2014, the said judgment became final and conclusive.

Criminal facts

1. The Republic of Korea is implementing "National Research and Development Projects" in accordance with the Framework Act on Science and Technology and the Regulations on the Management, etc. of National Research and Development Projects (Presidential Decree).

The term "national research and development project" means a research and development project in which a central administrative agency has specified research and development projects based on statutes and fully or partially contributed research and development expenses or subsidized with public funds

A person who has entered into an agreement with the State to perform a specific research and development task by receiving a subsidy for research and development expenses from a victim according to the procedures prescribed by the above Acts and subordinate statutes shall manage the subsidized research and development expenses separately from funds for other purposes according to the standards prescribed by the above Convention and shall not use the subsidized research and development expenses for any purpose other

2. The defendant is the representative director of C in a corporation which is a manufacturer of electrical machinery, apparatus, etc., and is a person who performs government-invested research tasks subsidized by the above company and exercises overall control over the affairs of executing the relevant government-invested contributions;

On May 21, 2008, the Defendant contributed to the subsidy from the Ministry of Knowledge Economy at the office of "C" (E) of the Gangseo-gu Busan Building D Co., Ltd. 402, and applied for the grant of the government contribution to the "regional industrial technology development project" managed by the Korea Institute of Industrial Technology Evaluation and Planning. Accordingly, the Defendant entered into an agreement on research and development projects with the purport that the Defendant would receive the subsidy of KRW 150 million for the performance of the task as "from May 1, 2008 to April 30, 2009" and "10 million for research and development expenses" from the victim on June 19, 2008.