beta
Text
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
The defendant has been engaged in the operation and fund management of the above company as the representative of victim D, a company selling sports clothes in Seongdong-gu Seoul Metropolitan Government.
1. On April 3, 2012, the Defendant sold the F trademark right owned by the victimized Company E at KRW 370 million to E, and embezzled the property of the victimized Company during the course of business by paying KRW 10 million to the Defendant’s wife H around May 18, 2012, which was transferred to the Defendant’s new bank account (G) in the name of the Defendant for a total of KRW 300 million on three occasions from the same date to April 30, 2012.
2. From October 25, 2012 to December 21, 2012, the Defendant sold 18.2 million won the pro ratas owned by the victimized Company to I in the office of the victimized Company, and, from the same day to December 21, 2012 from the same day, kept for the victimized Company the total amount of KRW 18.2 million on three occasions in total for the purchase price. On November 5, 2012, the Defendant embezzled the property of the victimized Company that had been kept on duty by using 1,00,000 won in personal living expenses, etc. on six occasions in total as shown in the list of crimes in the attached Table during the period from around that time to January 17, 2013.
3. On April 28, 2012, the Defendant: (a) reduced the office space at the victimized Company’s office to reflect; (b) received deposit KRW 15 million out of KRW 30 million from the lessor J to the account of the National Bank in the name of the Defendant’s name; and (c) embezzled the property of the victimized Company, which was in his/her business custody, by making it possible to immediately repay the credit lending obligation under the name of the Defendant.
4. On November 7, 2012, the Defendant provided the said vehicle to L by means of the transfer registration under the name of the said vehicle in the name of L company and embezzled the property of the damaged company that was in the course of business keeping the said vehicle in custody.