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(영문) 수원지방법원 2017.09.07 2016고단5101
업무상횡령
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

The Defendant, from January 31, 2001, has been in office as the representative director of the victim victim management committee in Gangnam-gu Seoul Metropolitan Government DD Building five floors (hereinafter “victim company”) and has overall control over the above company’s personnel, finance, management, etc.

On June 26, 2012, the injured company was selected as a person in charge of the implementation of the “F [the project period: 1,170,000 won from June 1, 2012 to May 31, 2014; 438,750,000 won (the government contributions of KRW 438,750,500, 292,000)”, which is the support for the public-private joint investment technology development project between the Small and Medium Business Administration and the Spanco, and received a total of KRW 87,50,000 from August 2012 to June 31, 2014 from June 2014 from the Government and the private-private subsidies necessary for the implementation of the said support, and received the remittance of KRW 87,500,000 in the name of the victimized Company’s account in the name of the victimized Company.

The defendant, who is the representative director of the injured company, has managed the above subsidy in a separate account separate from the funds for other purposes, shall not use it for other purposes, and shall not use the subsidy for other purposes, and notwithstanding the fact that there is an occupational duty to return the balance, he/she has expressed his/her intent to use the government and private subsidy for the implementation of the above support program as personnel expenses for other projects unrelated to the implementation of the support program.

around August 2012, the Defendant pretended to be a researcher for the implementation of the above support task, and paid KRW 4,248,376 of the above subsidies that he/she had received from the above G as the personnel expenses of the above G, and used them for personal purposes after receiving a partial refund from the above G, or used them for the purpose of replacing them with the personnel expenses of other projects that he/she did not have paid to her husband H, as described above, from July 2012 to June 2014.

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