beta
Text
1. Defendant A shall be punished by imprisonment for three years.
except that the above sentence shall be executed for five years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
Defendant
A is the representative director of B in Dong-gu, Gwangju, and a person who actually has been operating C Co., Ltd. in the same place (the address in the corporate register of corporations shall be the former YF), who has overall control over the overall affairs of financing management, corporate management, employee management, etc., and Defendant B Co., Ltd. (hereinafter referred to as “B”) is a corporation established for housing construction and supply business, and Defendant C Co., Ltd (hereinafter referred to as “C”) is a corporation established for the purpose of housing sale and supply business.
1. Violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) against Defendant A;
A. The embezzlement related to the subcontract consideration was made with the H Co., Ltd. (hereinafter “H”) that received a subcontract agreement from the above B on December 2006, and the actual subcontract price was paid in KRW 5,772,328,740, but the actual subcontract price was paid in KRW 6,044,032,359, as if the Defendant entered into a contract with the subcontractor, and paid the subcontract price in an amount equivalent to the difference and returned KRW 271,703,619, which is an amount equivalent to the difference, after having paid the subcontract price, the Defendant raised the extra funds by raising the extra funds in such a way as to deposit the funds in the financial account in the name of the Defendant and his family members, and embezzled the funds owned by B for personal purposes, such as living expenses, from that time to June 20, 2010.
1. As described in the note, after paying a sum of KRW 2,980,052,749 on the pretext of the subcontract consideration, the subcontractor created the extra fund in a way that it is returned from the subcontractor, and then, deposited it into the financial account in the name of the Defendant and his family members or embezzled it by using it for personal purposes, such as living expenses, etc.
B. The Defendant related to the embezzlement of false benefits is B and C, which is the subcontractor of the said H Company B from January 2004 to May 201, 201.