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Defendant
A shall be punished by a fine for negligence of KRW 6,000,000, and by a fine of KRW 5,000,000.
The Defendants respectively.
Reasons
Punishment of the crime
Defendant
A is the representative director of victim E-liability company in Kim Sea-si, and Defendant B is the executive director of the above company.
Defendant
From October 1989, A has been employed as the representative director of the victim company who vicariously performs the disposal of domestic waste and the cleaning of street at Kimhae-si, and has been engaged in the overall management of the victim company's funds. Defendant B has been employed in the above company around March 1990 and has been engaged in the management of the victim company's funds from around 200 to the executive director, and has been engaged in the management of the street cleaners and other employees and work sites under the direction of Defendant A.
Defendant
B Upon Defendant A’s instruction and around May 10, 206, around 2006, the victim company’s office had not driven a cleaning vehicle belonging to the victim company, but F recorded it in various accounting books as if the victim company was an employee of the victim company. Defendant A received KRW 1,933,540 from G, who is an employee of the victim company, for the benefit of May 2006, and voluntarily consumed it.
As a result, the Defendants embezzled 1,93,540 won of the funds of the victim company, which were kept in custody in collusion, from that time until December 10, 201, and embezzled 484,91,150 won of the total funds of the victim company, which were kept in custody in the same manner as the list of crimes in attached Form 205 times, from that time until December 10, 201.
Summary of Evidence
1. Defendants’ respective legal statements
1. Investigation report (the report on the confirmation of the wages paid between January and February 2006);
1. Application of Acts and subordinate statutes to each withholding receipt for wage and salary income, employment contract, each wage ledger, and each wage ledger;
1. The Defendants: Articles 356, 355(1), and 30 of the Criminal Act; the Defendants’ choice of fines (see, e.g., the grounds for sentencing)
1. Defendants from among concurrent crimes: former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act.