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Defendant
A Imprisonment with prison labor for one year, and for two years and six months, respectively.
except that from the date of this judgment.
Reasons
Punishment of the crime
Defendant
A As the representative director of F Co., Ltd. (hereinafter referred to as “F”), a person who is in charge of overall management, including fund management, is a corporation established for the purpose of construction business.
Defendant
B As the representative director of G (hereinafter referred to as “G”) a corporation, a person in charge of overall management, including the above company’s fund management, is a corporation established for the purpose of building site construction business.
1. On May 24, 2012, the Defendants’ occupational embezzlement F entered into a contract for interior works in the amount of KRW 15.87 billion in total, among the I New Construction Works in Gyeonggi-gu H, which were located in the G, and that G performed the management services of the said construction.
The Defendants concluded a construction contract with the subcontractor in the process of the said construction project with intent to embezzled the corporate funds of the victim F by making excessive appropriation of the construction cost and receiving a refund of the difference. On August 6, 2012, the Defendants concluded a subcontract for stone construction work with the representative director of the J Co., Ltd. (hereinafter “J”) of the said construction project with K during the said construction project. Defendant B demanded that K transfer money from the F when it prepares a tax invoice plus taxes on KRW 400 million and claims to F. When entering the said construction project.”
Defendant
A received a false tax invoice of KRW 474 million from K on August 13, 2012, and paid the same amount as the J-owned Enterprise Bank Account (L). Defendant B received KRW 400 million from K in cash among August 2012 and delivered it to Defendant A in cash, and the Defendants used the amount of KRW 200 million individually.
Accordingly, the Defendants conspired and embezzled 400 million won of corporate funds owned by the victim F.
2. Defendant B-.