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(영문) 부산지방법원 2012.12.21 2012고단4892
업무상횡령
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

1. On April 16, 2009, the Defendant was selected as a major institution for the development of technology for the victim and the regional industrial technology development project among the regional industrial technology development projects conducted by D Co., Ltd. (former Korea Industrial Technology Institute) by the victim Korea Institute for Advancement of Technology, and entered into an agreement on the development of technology with the victim. The content of the agreement was that D Co., Ltd received 190,000,000 government contributions under the name of the technology development project from the victim over two years, and was prohibited from using them for other purposes than the development of technology, separately from funds for other purposes.

However, since then, when the financial resources of the defendant corporation D and E (individual businessmen) operated by the defendant are not good, the defendant raised the mind that he would arbitrarily use the technology development project funds which he received from the victim and kept.

2. The Defendant, at the office of Gangseo-gu Busan Metropolitan City, deposited KRW 190 million from the victim to the bank account (F) on April 28, 2009, and KRW 190 million on April 30, 2010, and deposited for the victim on his/her business on his/her behalf. On September 30, 2009, the Defendant paid KRW 14 million to G, who is an accounting employee of the above company, to the company bank account in the above company’s name and used it as the payment for the approval of promissory notes issued by the above company, and paid KRW 130 million on April 30, 2010 and KRW 250 million on May 7, 2010 to the above company’s name, and paid KRW 750 million on his/her loan to the above bank account in the name of the above company’s name, or transferred it to the above company’s account with the interest accrued on May 7, 2010.

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