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A defendant shall be punished by imprisonment for two years.
However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The Defendant is a person who works as the representative director of the Victim Co., Ltd. (hereinafter referred to as the “victim Co., Ltd.”) located in Chungcheongnam-si, Chungcheongnam-si from September 16, 2010 to December 4, 2018, and was engaged in the business of managing the Company’s funds, etc.
When the Defendant was forced to suffer from a financial shortage due to personal debt such as strongland loan, etc., the Defendant ordered D, the director of the victim company accounting division, who did not lend money to the Defendant, to transfer the funds deposited in the victim company’s account to the Defendant’s account in the name of the Defendant, and withdrawn them, or established the company “F” in the name of the Defendant’s mother E in the name of the Defendant, although the said “F” did not supply services or goods to the victim company, the Defendant, who was the director of the victim company accounting division, ordered D to transfer the funds of the victim company to the above F to use the funds for personal purposes by receiving the above funds from F.
1. Occupational embezzlement;
A. On January 4, 2018, the Defendant instructed D, the director of the company accounting division, to transfer the funds of 10 million won to the Defendant G bank account in the name of the Defendant’s company (I) while keeping the account in the name of the victim company (H) for the business purpose of the victim company. On January 4, 2018, the Defendant ordered D, the director of the company accounting division, to transfer the funds of 100 million won to the loan account in the name of the Defendant’s name of G bank account (I), withdrawn
In addition, from that time until September 21, 2018, the Defendant received a total of KRW 170 million from five occasions to the account in the name of the Defendant, as shown in the attached Table 1, by means of the foregoing method, and withdrawn it around that time, and consumed it for personal purposes, such as Gangwon Islands gambling funds.
Accordingly, the defendant was under custody of the victim while on duty.