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(영문) 대전지방법원 홍성지원 2017.10.25 2017고단536
업무상횡령등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From March 4, 2014, the Defendant, as the representative director of the Company D Co., Ltd. (hereinafter “D”) with the aim of manufacturing a full-time separation period located in Boan-si, Boan-si, performed a duty to exercise overall control over the business affairs, such as the execution of the funds of the said Company. On July 27, 2014, the aforementioned D was selected as an institution in charge of the task related to the “E” task performed by the Small and Medium Business Administration, and the Defendant entered into an agreement with the Small and Medium Enterprise Technology Information Promotion Agency, which is a specialized institution of the said project, with the “Agreement on the Development of Small and Medium Technology for Small and Medium Enterprises,” and the Defendant, as the representative of the said project, took overall charge of the said task

Defendant was granted project costs required for the above projects, including subsidies from the Korea Agency for Technology Information on Small and Medium Enterprises and charges for the development of the victim's Republic of Korea (State). The Defendant provided that the above project costs are used for limited purposes, such as purchase of facilities, equipment, materials, and investment related to the above projects, according to the "Agreement on Technology Development for Small and Medium Enterprises".

As above, the Defendant received total of KRW 358,500,000 from the Small and Medium Enterprise Technology Information Promotion Agency, around August 26, 2014, and KRW 143,00,000 from September 7, 2015, respectively, as the project cost related to the said project, respectively, and paid KRW 358,50,000 for the victims.

The defendant had occupational duties to use the above subsidies and project costs only for the limited purposes of research materials and facility costs related to technology development in accordance with the standards set out in the above Convention.

Nevertheless, on September 19, 2014, the Defendant is false from the representative director G of the FF Co., Ltd., a private village, even though he did not purchase research equipment, etc. from F Co., Ltd. at the research institute located in the Bocheon-si, Bocheon-si, Bocheon-si.

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