업무상횡령등
Defendant
A shall be punished by a fine of KRW 10,000,00, and by a fine of KRW 8,000,000, respectively.
The above fine is imposed against the Defendants.
Punishment of the crime
Defendant
A is a person who actually represents a neighboring concrete construction business E Co., Ltd. (hereinafter referred to as “E”), and actually exercises overall control over E’s management, accounting, taxation, fund management, fund execution, etc.
Defendant
B is in charge of the accounting, taxation, financing management, and fund execution of E while working as the head of the E-Site as Defendant A's children.
1. On November 2007, the victim E, which the defendants operated by the co-principal Defendants, was ordered by the F Housing Association (Execution Company: G) and was selected as a subcontractor for the “H apartment construction work” constructed by the Treatment Automobile Sales Co., Ltd. (hereinafter “Treatment Automobile Sales”). On February 26, 2008, the Defendants entered into a subcontract with the treatment Automobile Sales Co., Ltd., and received progress payment from the treatment Automobile Sales, and kept it in custody for E in the course of business.
On August 25, 2008, the Defendants conspired to withdraw KRW 660,090 from the Korean bank account (I) in the name of the victim E and used it for the payment of interest on Defendant A’s personal loans, etc., and embezzled the total amount of KRW 81,226,380 from February 28, 2008 to January 12, 2010 by arbitrarily consuming KRW 81,226,380.
2. Defendant A
A. On February 25, 2009, the Defendant transferred KRW 4 million to a new bank account (K) in the name of the said J as an honorarium to the J, a supervisor of the said new construction work, at the KH apartment construction site in Gyeyang-gu, Ansan-gu, Annyang-gu, the Defendant, along with a solicitation to the effect that “the supervisor of the said new construction work, is convenient for the Corporation to proceed smoothly.”
As a result, the defendant made an illegal solicitation on another person's business affairs and provided 4 million won in return.
B. On April 14, 2008, the Defendant, at the same place as Paragraph 2(a) of Article 2, is the head of the H apartment construction site, who is the head of the H apartment construction site.