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(영문) 수원지방법원 안산지원 2014.05.02 2013고합423
특정경제범죄가중처벌등에관한법률위반(횡령)
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

The Defendant, as the representative director of D Co., Ltd. (hereinafter referred to as “D”) that runs the business of producing and selling electronic parts, has overall control over the overall management.

D Around May 31, 201, at the F Office located in Gangnam-gu Seoul Metropolitan Government, the F and the third year knowledge and economy innovation project agreement (the title: the development of an organic light emission device for mobile devices, the period of agreement: from May 1, 2011 to April 30, 2012; the project cost: KRW 996.6 million; the Government contributions: KRW 743.7 million; hereinafter referred to as the “instant agreement”); the Defendant received from the F on June 28, 2011 a new bank account (Account Number: G) in the name of D for the implementation of the instant agreement, and kept the Government contributions in custody.

Although the Defendant was obligated to use the amount of government contributions only for the purpose of research equipment and personnel expenses related to technology development in accordance with the standards set forth in the instant agreement, the Defendant arbitrarily used KRW 40 million out of the amount of government contributions to repay D’s obligations at D offices located in Ansan-si, Ansan-si, as well as arbitrarily used the amount of KRW 140 million from July 29, 201 to July 29, 201, as shown in the attached Table “crime List” during the period of four times as indicated in the “Crimes List.”

Accordingly, the Defendant embezzled KRW 431,890,119 out of the amount of the government contributions that he kept in violation of his occupational duties.

Summary of Evidence

1. Defendant's legal statement;

2. Statement of the police officer to I;

3. A person related to the criminal act (including requests to investigate D's research funds embezzlement, examination of requests for investigation, and the useful details by item);

4. A copy of the agreement on the projects for knowledge economy and economy innovation.

5. Copy of business registration certificate.

6. Relevant provisions of the Acts and subordinate statutes applicable to criminal facts that inquire about the details of deposits and transactions: The grounds for sentencing under Articles 356 and 355 (1) of the Criminal Act (generality and choice of imprisonment).

1. Punishment;

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