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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
The defendant, as the representative director of C, has overall control over the operation and fund execution of the company.
The defendant, as the representative director of C, has been delegated by the Ministry of Knowledge Economy to the Korea Evaluation Institute of Industrial Technology, and D development around June 2009, entered into an agreement on E development projects around June 2010, and received government contributions as a technology development project fund, and thus, the development project fund has a duty of care to manage the defendant so that it can be used for the same purpose as the detailed requirements by item of the project cost stated in the agreement according to the above agreement.
1. Around June 2009, the Defendant made an agreement with the Korea Evaluation Institute of Industrial Technology on “D Technology Development Project” with the supervising agency, and embezzled KRW 526,50,000 out of the project cost of May 31, 2010 as the project cost of KRW 526,50,00 as the project cost of May 31, 2010. On June 29, 2010, the Defendant paid KRW 121,729,560 out of the project cost of the above project cost as the price for parts of the factory in China, and embezzled it.
In addition, the Defendant embezzled KRW 286,127,450, which was kept in business as project costs of the above technology development project from the above date to August 26, 2010, using KRW 286,127,450 as wages of employees of Co., Ltd. and parts of the Chinese tobacco plant for six times as shown in the annexed Table 1.
2. Around June 25, 2010, the Defendant: (a) concluded an agreement with the Korea Evaluation Institute of Industrial Technology on the “E Development Project” with a participating institution; (b) subsequently, on July 9, 2010, the Defendant used KRW 230,000,000 out of the project cost as the project cost for the business and embezzled the said amount as the annual plant staff of the Co., Ltd. in China on July 27, 2010.
In addition, the Defendant, from the above date to August 16, 2010, has received KRW 162,437,002 from the above time to the project cost of the above technology development project, as well as KRW 162,437,00.