업무상횡령
[Defendant A] The defendant A shall be punished by imprisonment for two years.
However, the above sentence shall be executed for three years from the date this judgment becomes final and conclusive.
Punishment of the crime
The Defendants are married couple, and Defendant A served as the representative director in the name of the Si building C from January 4, 2010 to February 15, 2019, and the victim company E in the name of the Dispute Settlement Bank Co., Ltd., and Defendant B served as the managing director of the victim company from January 4, 2010 to February 15, 2019, and Defendant B served as the managing officer of the victim company from January 4, 2010 to February 15, 2019.
1. Defendant A
A. A. On May 27, 2015, the Defendant: (a) around May 27, 2015, at the time of Jinjin-si Building C; and (b) around December 2015, at the victim company located in subparagraph D, sent KRW 2,00,000 of the company’s funds to the F bank account in the name of the victim’s company for the victim; and (c) arbitrarily used from that time until December 31, 2018, the Defendant used KRW 302,130,000 in total over 236 times, as shown in Appendix I, from that time.
Accordingly, the defendant embezzled the property of the victim company, which was under custody in the course of business.
B. On December 21, 2015, the Defendant arbitrarily used KRW 118,515,40,000 in total over 36 times, as shown in Appendix II, from January 10, 2019, a total of 36 times, as shown in Appendix II, from the time when the Defendant was transferred to a bank account (H) account in the name of the Defendant from the representative of the Defendant, the customer of the victim company, to the F bank account in the name of the Defendant, and did not deliver the credit amount of KRW 2,420,00 to the victim company.
As a result, the defendant embezzled the property of the victim who was in custody on duty.
2. Defendant B, around May 16, 2017, with knowledge of the fact that Defendant B transferred the funds of the victim company to the personal account of the victim company A and used them for private purposes from the victim company (K) around May 16, 201, in the name of Defendant B, 50,000 won of the company’s funds from the F bank account of the victim company (K) under the direction of the victim company A.