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1. Defendant A shall be punished by imprisonment with prison labor for a period of two years and six months;
2. Defendant B shall be punished by imprisonment for not less than two years and six months;
except that this judgment.
Reasons
Punishment of the crime
Defendant
A is a person who served as the representative director of an O company which is the manufacturer and supplier of plant facilities from April 200 to May 2014 and was engaged in overall management of the above company, such as general affairs, personnel affairs, accounts, and fund management. Defendant B entered the above company from May 2000 to June 2012, the head of the finance team, the director of the financial director from around 2007 to around 2012, and the person who assisted Defendant A, the representative director, and takes charge of overall financial affairs, such as fund management, etc. of the above company. Defendant C is a person who assist Defendant A, the representative director, while working for the above company from around 2004 to around 2010.
1. Defendant A and B had the intent to use the funds of the victim O Co., Ltd. (hereinafter “victim Co., Ltd.” in this paragraph) by raising funds through the method of withdrawing the transaction amount to be paid to the trader and receiving a refund of the difference between the actual price, etc., and ordered Defendant B and C to perform their duties, and ordered Defendant B and C to manage the funds. Defendant B and C had the intent of embezzlement by accepting it.
Accordingly, Defendant A instructed Defendant B and C, and through which he received presses (Press Machine) 50 million tons from Q, a trading company of the victim company in Pyeongtaek-si P, around January 2007, from the victim company's office in Pyeongtaek-si P, Defendant A agreed to receive a refund of the difference between Q and the actual price of supplied goods and the actual price of supplied goods. Defendant A paid KRW 51,48 million for Q around June 2007 and paid KRW 172 million for the balance of the actual price of supplied goods and then received KRW 50 million for the balance of the actual price of supplied goods from Q around July 2007.