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(영문) 창원지방법원 통영지원 2012.09.13 2012고합61
특정경제범죄가중처벌등에관한법률위반(횡령)
Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

The Defendant is a person who, from October 2003, operates a “F” for the purpose of marine franchise processing, etc. in macro-si E from October 2003.

On December 2, 2009, the Defendant was selected as the supervising agency of the "marine Plant NLer Dominer Development Project" task, which is the leading business of an economic region promoted by the Minister of Knowledge Economy, and entered into an agreement with the National Industrial Technology Advancement Foundation affiliated with the Korea Industrial Technology Advancement Institute, which performs the business selection, follow-up management, supervision, and evaluation, on delegation of the above business from the Ministry of Knowledge Economy, on December 28, 2009, the Convention on the Promotion of Wide-Area Industry (Development of Technology) Support Center in the name of the Defendant in relation to the above task. The Defendant was issued from the leading business support group with the Bank account in the name of the Defendant in relation to the above task, 7.4 billion won (G Account Number) and KRW 50 million (20 million) on February 26, 2010, KRW 728 billion on July 27, 2010, KRW 4.5 billion on November 3015, 2010.

For the foregoing technology development task, the Defendant was obligated to use the government contributions received from the above leading project support team only for the limited purposes of research facilities, equipment, material costs, etc. related to technology development in accordance with the standards prescribed in the above Convention.

Nevertheless, around July 28, 2010, the Defendant entered into a false contract with H Company I’s representative at the office affiliated with the F Research Institute, and paid 390,18 million won from the above Government Contribution Account to the Industrial Bank of Korea’s account in the above I’s name as the contract price. From that date, until July 30, 2010, the Defendant deducted 350 million won from the remainder of the above amount calculated by deducting 30,000 won from the above amount under the name of additional tax from the amount three times until July 30, 2010, to the Gyeongnam Bank’s account in the name of the Defendant and then returned to the Defendant’s de facto marital relation, and paid F’s delinquent taxes, various insurance premiums, etc.

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