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(영문) 제주지방법원 2013.04.12 2012고단1496
업무상횡령
Text

Defendants shall be punished by imprisonment for six months.

However, for one year from the date this judgment became final and conclusive against the Defendants.

Reasons

Punishment of the crime

Defendant

A is the representative of “D”, and Defendant B was the representative director of “E” Co., Ltd. (hereinafter “E”) from March 31, 2009 to February 19, 2010, and Defendant C served as a director of E in-house for the said period.

Defendant

A and E enter into an agreement on a regional industrial technology development project (the period: 280 million won from April 1, 2009 to March 31, 201) with the victim Korea Institute for Advancement of Technology under the Ministry of Knowledge Economy as a subject of "G" around April 2009, and Defendant A entered into an agreement on a regional industrial technology development project (the amount of KRW 280 million from April 1, 2009 to March 31, 201 to the amount of KRW 47 million from the Government contributions), and Defendant A was a major institution, participating institution, and Party E was a participating institution. Accordingly, Defendant A and E should develop alcoholic beverage products, etc. using the technology development project cost received from the victim as a subject of the above task, using

1. On April 28, 2009, Defendant A received 140,000,000 won from the victim for technology development project expenses, and embezzled 30,000,000 won out of them as project expenses to E, and embezzled 30,000,000 won out of them to Jeju Technology Promotion Agency ( Jeju Technology Promotion Agency), a foundation, and the remainder of 65,000,000 won for the victim as its business expenses, and embezzled 30,000,000 won by using the Defendant’s payment such as value-added tax, etc. around April 29, 2009 to June 12, 2009.

2. Defendants B and C are offered to use KRW 45,00,000 deposited in the E office on April 29, 2009, as set forth in paragraph (1) for purposes other than the purpose of business while they were in the custody of the Victim Korea Institute for Advancement of Technology in the course of their business as set forth in paragraph (1) by E, and Defendant B embezzled KRW 4,801,200 out of the technology development project expenses on April 29, 2009 with vehicle installment and personal credit card payment. Defendant C is out of the technology development project expenses around May 11, 2009.

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