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Defendant
A Imprisonment with prison labor for three years and six months, and Defendant B shall be punished by imprisonment for ten months.
However, as to Defendant B, this shall not apply.
Reasons
Punishment of the crime
Defendant
A is a person who served as the representative director of the victim I Co., Ltd. (hereinafter “victim Co., Ltd.”) located in Seo-gu Incheon, Seo-gu, Incheon from May 3, 2002 to January 23, 2015 and was engaged in the operation and fund management of the company. Defendant B is a person who served as the auditor of the victim Co., Ltd from May 3, 2005 to January 23, 2015.
1. The Defendants committed the joint crime of occupational embezzlement of the Defendants deposited KRW 150,00,00 from the Plaintiff’s name bank account (O:O) in the name of the victim bank account in the name of the victim bank in order to use it as funds for the management of the victim company by repaying borrowings to N Co., Ltd. (hereinafter “N”) or paying taxes or public charges. On June 19, 2014, the Defendants deposited KRW 150,000 from the Plaintiff’s name bank account (O: P) to the Defendant’s personal living expenses.
Accordingly, the Defendants conspired and embezzled 150,000,000 won as above.
2. Defendant A’s violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) has kept operating funds in the bank account in the name of the victim company for the purpose of using funds for the operation of the victim company by repaying borrowings to N, etc. or paying taxes and public charges. From November 7, 2013, the Defendant embezzled KRW 2,087,69,520 in total over 17 times in total, as indicated in the list of crimes in the attached crimes, at the 1049 Incheon Incheon Incheon Incheon Incheon Incheon Incheon Central District Office, the Defendant voluntarily collected KRW 165,00,00 from the Agricultural Cooperative account in the name of the victim company to the Agricultural Cooperative account in the name of the victim company and transferred the amount of KRW 165,00,00 from the victim’s name to the agricultural cooperative account in the name of the defendant for private use.
Summary of Evidence
1. Part of the Defendants’ legal statements
1. Partial statement of the witness R;
1. The witness S in the second public trial protocol;