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(영문) 수원지방법원 안양지원 2016.07.01 2016고단198
업무상횡령등
Text

Defendant

A Imprisonment with prison labor for a year and two months, and for a defendant B, for eight months, respectively.

However, this judgment is delivered to Defendant A.

Reasons

Punishment of the crime

Defendant

A is the representative director of the D Co., Ltd. established for the purpose of manufacturing the tea system for the industry in Ansan-si, and the defendant B is the director in charge of accounting of the said company.

1. From July 20, 2010 to June 2, 2014, D Co., Ltd.: (a) ordered nine research services, such as the E Act, which was ordered by the Korea Institute of Construction Technology Evaluation and Planning under the Ministry of Land, Infrastructure and Transport under the Ministry of Land, Infrastructure and Transport; (b) ordered nine research services pursuant to a business agreement with the FF Industry-Academic Cooperative, an institution in charge of each research service task; (c) Defendant A, as the representative director of D Co., Ltd., was in charge of the performance of each research task, the execution of research expenses, execution of research expenses, settlement of accounts, etc.; and (d) Defendant B,

The Defendants, as above, ordered D Co., Ltd to undertake government-invested research tasks and received research funds from the supervising institute, such as F-Academic Industry-Academic Cooperation, which is the victims, for the purpose of carrying out research tasks as stipulated in the Work Convention with the victims. Therefore, Defendant A instructed Defendant B to use part of the research funds for the general operating expenses of D Co., Ltd., which is not for the purpose of carrying out the research task, and Defendant B embezzled the research funds by paying the purchase funds for the goods necessary for the projects of D Co., Ltd. as the above research funds.

The Defendants were in custody of KRW 218,00,00,000 for the victim’s work-related cooperation team at the office of D Co., Ltd. located in Ansan-si around August 9, 2010. The Defendants purchased goods, such as FUSE HODE HDER GB, which are irrelevant to the implementation of the said research task, from the above D Co., Ltd., and purchased 5,140,000 out of the said research cost around November 30, 2010.

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