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A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
On December 8, 2010, the Defendant established the Victim D (State) who engages in wholesale and retail business of electrical materials and held office as representative director until September 7, 2013. During that period, the Defendant managed the accounts of the victimized company (National Bank: E) and performed all business affairs including the raising and withdrawal of funds of the victimized company.
1. The Defendant deposited personal funds into the account of the victimized corporate body in the form of a representative director’s provisional deposit and used them as the corporate operating fund, and, if necessary, deposited funds in the form of a half of the provisional deposit or provisional deposit and operated the victimized corporate body by appropriating it to pay for the claims of provisional deposit. On October 2012, the Defendant required attorney’s fees, etc. in relation to personal criminal cases arising from the accusation of Bonice Corporation around October 2012.
On October 20, 2012, the Defendant: (a) withdrawn from the account of the victimized corporate body on October 24, 2012 in the status of the balance of the claim 49,340,000 won; and (b) withdrawn from the account of the victimized corporate body on October 24, 2012 and used it for attorney’s expenses; and (c) around October 25, 2012, the balance of the claim diversity against the victimized corporate body was limited to 4,340,000 won.
Nevertheless, on October 25, 2015, the Defendant voluntarily used 2,566,00 won, which is the difference between the claim for provisional deposit and the claim for provisional deposit, by withdrawing 30 million won from the account of the victimized company to cover the shortage of attorney-at-law expenses, and paying it to the attorney-at-law belonging to the law firmF on the same day.
In addition, from the above date to July 26, 2013, the Defendant withdrawn a total of KRW 114,160,000 from the account of the victimized company for the private purpose, such as the cost of personal lawsuit, as shown in the attached Table of Crimes, and embezzled work arbitrarily.
2. The Defendant purchased machinery and equipment from G (representative: H) on July 10, 2013, received a loan of KRW 510,000,000 from the Korea Cti Group Capital Co., Ltd. in the name of the victimized Company, and paid KRW 357,00,000 among them to G around July 10, 2013.