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(영문) 수원지방법원 2014.11.19 2012고단6288
업무상횡령
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The Defendant, from November 4, 2008 to May 19, 201, was holding office as the representative director of E in Suwon-gu, Suwon-si, Inc., Ltd., E, and took overall control of the said company’s overall business.

Around May 26, 2009, the above company entered into an agreement with the Korea Evaluation Institute of Industrial Technology on F&D development projects, which are the part of the projects for developing technological innovation of small and medium enterprises, and accordingly the above company received 389,000,000 won from the Korea Evaluation Institute of Industrial Technology as the expenses for technology development projects. The above subsidies shall be used according to the specified item use, and in particular, personnel expenses for new employment of researchers shall not be used for any other purpose.

Nevertheless, around April 5, 2011, the Defendant embezzled 43,200,000 won out of the subsidies that he had been engaged in business for the payment of personnel expenses to researchers for other employees of the above company as personnel expenses for other employees of the above company, and embezzled 1,40,000 won out of the subsidies that he had been engaged in business for 19 times from July 7, 2010 to April 29, 201, such as the list of crimes in the attached list of crimes.

Summary of Evidence

1. The defendant's partial statement in the second protocol of trial;

1. Legal statement of the witness H;

1. Statement made to the witness I in the third protocol of the trial;

1. Statements made to the witness J in the fourth trial records;

1. Each police officer's statement of K, L, and G;

1. Standards for implementing projects for supporting technological development of small and medium enterprises;

1. An agreement on projects for supporting technological development of small and medium enterprises;

1. A certified transcript of the corporate register;

1. Application of Acts and subordinate statutes on details of points execution;

1. Articles 356 and 355 (1) of the Criminal Act, inclusive, by relevant Articles of the Criminal Act and the choice of punishment. Article 355 (Selection of Imprisonment);

1. Reasons for sentencing under Article 62(1) of the suspended sentence of the Criminal Act [type of crime] - Type 1 of the embezzlement crime group - the amount of profit of not less than 100,000,000 won but less than 500,000 won [territory and scope of recommendation] basic area - month of imprisonment from April to April.

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