logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2019.10.16 2018고단3536
업무상횡령
Text

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

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

[criminal power] On September 15, 2017, the Defendant was sentenced to six months of imprisonment with prison labor for occupational embezzlement at the Seoul Eastern District Court on September 23, 2017 and the judgment became final and conclusive on September 23, 2017.

【Criminal Facts】

"2018 Highest 3536"

1. The Defendant, as the representative director of Gangnam-gu Seoul building, Ddong 2 mobile service, Internet service, software development business, etc. (hereinafter “instant company”), was selected by the instant company as a participating institution for research of “F” and “G” projects, which are affiliated organizations of the Ministry of Trade, Industry and Energy, and entered into an agreement on the project for industrial technology innovation with B, and received government contributions for the implementation of research tasks from B in accordance with that agreement.

B As the above government contributions paid to the instant company are specified in the purpose and purpose by the agreement, etc., and entrusted to the instant company operated by the Defendant, the Defendant, despite the fact that the government contributions received as above should be used only for the purpose of executing the research task, can freely withdraw and use the funds deposited in the virtual account, and thus, he/she can freely withdraw and use them as funds for the company’s operation which are irrelevant to the implementation of the research task.

Around December 20, 2013, the Defendant embezzled F-related contributions to the instant company: (a) entered the reasons for paying research allowances of KRW 18,930,000, out of the government contributions deposited in the virtual account by the victim B in the use of “F” business; and (b) received payment in the Hbank receipt account (Account Number I) in the name of the said Defendant’s management and kept it in business for the payment of research allowances; and (c) voluntarily consumed it under the pretext of the company’s operating expenses irrelevant to the implementation of the research task.

In addition, the Defendant is attached from May 2013 to June 5, 2014.

arrow