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A defendant shall be punished by imprisonment for four years.
The charge of violating the Illegal Check Control Act among the facts charged of this case is acquitted.
Reasons
Punishment of the crime
1. From March 15, 1995, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) as the representative director of the victim D Co., Ltd. (hereinafter “victim Co., Ltd”) located in Seo-gu Incheon, Seo-gu (hereinafter “victim Co., Ltd.”) managed all the tasks of the Victim Co.,
At around 11:00 on March 14, 2012, the Defendant directed the victim company’s accounting staff E at the victim company’s office, and transferred KRW 389,00,000 from the Korean bank account (Account Number: G) in the name of the victim company to the one bank account in the name of the Defendant, KRW 20,000 from the foreign exchange bank account in the name of the victim company to the above one bank account in the name of the Defendant, KRW 511,00,000 from the foreign exchange bank account in the name of the victim company, KRW 511,00,000 from the victim company’s foreign exchange account in the name of the Defendant, and KRW 14,00,000 from the bank account in the name of the victim company to the above new bank account in the name of the Defendant.
The Defendant’s total amount of KRW 934,00,000,000, which was transferred as above, was kept on behalf of the victim company for the same day, and KRW 14,000,000,000, out of the said KRW 934,000,000, was collected in cash at the Cheongbu branch of the New Bank Pream branch around that time and used for personal purposes, such as living expenses, etc. at that time. The remainder of KRW 920,00,000,000, which was recorded in the account book by the representative director, was used for a new bank account (Account Number L) in the name of the Defendant’s wife, and was transferred to the new bank account (Account Number L) in the name of the Defendant’s wife on March 14, 2012, and March 15, 2012.
Accordingly, the Defendant disposed of the funds of the victim company amounting to KRW 94,000,000 in total, and embezzled it.
2. Fraud;
A. The Defendant, around January 27, 2012, at the office of the victim N Co., Ltd. located in Seo-gu Incheon, Seo-gu, Incheon, products, such as boxes for packaging, to the majority of business partners, where D contains about 10 executive directors.