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A defendant shall be punished by imprisonment for three years.
Reasons
Punishment of the crime
1. The Defendant’s occupation: (a) he was employed as a director from July 2010 to the corporation operating a wholesale construction business, housing construction business, etc. to a director; and (b) the Defendant newly constructed the company operating a new company in the G in the Haak-gun, Gyeongnam-gun.
H A person who has overall control over the affairs such as financing of construction funds, construction and completion of buildings, and sales of buildings in relation to H building construction works.
2. Crimes by defendants;
A. The Defendant, while taking overall charge of the construction site of H H building in the process of this new H building construction, was in full charge of the H building construction and the fund entry, withdrawal, and management related to the sale of commercial buildings in the said H building subcontractor, was willing to use the construction cost through the said H building subcontractor, or to receive the purchase price from the commercial buyers for personal use.
(1) On December 29, 2011, the Defendant committed the crime at around December 201, 201: (a) transferred the amount of KRW 1450,000,000 to the (J) bank account of I in his/her official custody to I for the construction cost of the said H building; and (b) transferred the amount in excess of the construction cost to I for the first bank account; (c) immediately returned the amount in excess; and (d) immediately returned KRW 125,00,000 to the (K) bank account in his/her name of the Defendant; and (b) embezzled the amount in excess of KRW 170,930,000 for the Defendant’s personal housing purchase on or around December 30, 201, using it for the personal purpose of the Defendant’s personal housing purchase, such as remitting the amount of KRW 170,09,000,000 to the housing owner.
(2) On March 27, 2012, the Defendant received an intermediate payment of KRW 210,000,000 from M&A purchased at the above H building 107 around March 27, 2012 from the Defendant’s Defendant’s Defendant’s Defendant’s Defendant’s Defendant’s wife N’s account (O) and was in his/her business custody for E, while the Defendant was in his/her business custody around March 30, 2013.
In order to use the P Mart operating fund as the Busan Bank account in the name of P Mart operation fund, 68 million won is arbitrarily used for the personal purpose of the defendant.