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(영문) 서울남부지방법원 2014.08.13 2013고단4311
업무상횡령
Text

A defendant shall be punished by imprisonment for one year.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is working as the representative director of G Co., Ltd. established for the purpose of the manufacture, sale, trade business, etc. of marina loan and industrial microbrob application equipment, and has overall control over the business of the above company.

On January 7, 2011, the Defendant: (a) was selected as an institution in charge of the project for developing 35 GHz Mag loan loan with air conditioners applying air conditioners (hereinafter “development project”); (b) entered into an agreement on technology development with the Korea Institute for Advancement of Technology with which the Ministry of Trade, Industry and Energy delegated the said development project; and (c) entered into an agreement on technology development with the said Institute for Advancement of Technology with the Government-owned Enterprise Bank (I)’s account (hereinafter “Technology”), the victim, on February 8, 2011, deposited the amount equivalent to KRW 229,000,000 for the said development project in the course of business and used only for the said development project; and (d) was used on February 23, 2011, remitted KRW 30,000,000 with another account under the name of the said G to the said development project; and (d) was voluntarily used for the purpose other than the above development project’s operation fund and embezzled the said amount from 2010,20,300 days to 20.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the accused in the second protocol of trial;

1. A protocol concerning the suspect examination of the accused;

1. Statement of the police statement to J;

1. A complaint;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Articles 356 (1) and 355 of the Criminal Act applicable to the facts constituting the crime;

1. Reasons for sentencing under Article 62(1) of the Criminal Act [the scope of recommending punishment] Article 62(1) of the Act on the Suspension of Execution and the basic area (1 to 3 years) (1 to 100 million won) (1 to 50 million won) (1 to 3 years) (the decision of sentence]

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