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(영문) 수원지방법원 2017.02.10 2016고단6190
업무상횡령
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From July 1, 2013, the Defendant, as the representative director of D (hereinafter “D”) who is engaged in the industrial tape manufacturing business, etc. in the ignified City C, took overall control of D’s management.

D From the Technology Information Promotion Agency of Small and Medium Enterprises around June 2012, 2012, D was selected as the person responsible for the instant support project, “E [the project period from June 1, 2012 to May 31, 2014, the project cost of KRW 53,480,00 (the Government contributions KRW 400,000,000,000,000,000,000,000,000) for the project cost,” and was transferred from the Republic of Korea to the corporate bank account in the name of D around July 6, 2012 with the contributions necessary to implement the instant support project.

The defendant, as the representative director of D, managed the above contributions entrusted to and kept by the victim from the Republic of Korea as a separate account separate from other funds for the purpose of other purposes, while having a duty to use them only for the purpose of carrying out the support project of this case, he thought that the above contributions were used for the purpose of paying D material costs and credit payments unrelated to the implementation of the above support project.

In around July 24, 2013, the Defendant embezzled KRW 18,181,819, out of the above contributions that he had been under his business custody, as well as using the total amount of KRW 48,857,619, in total eight times from the time to October 4, 2013, as indicated in the list of crimes in the attached Table, for the repayment of the price for goods unrelated to the implementation of the instant support task.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement concerning G in the police statement protocol;

1. Application of Acts and subordinate statutes, such as the current status of government contributions support, letters of agreements on technological development projects for small and medium enterprises, documents annexed thereto, overall table of the execution of project costs, each receipt, tax invoice, etc.;

1. Relevant Articles of the Act and punishment concerning the facts constituting the crime;

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