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A defendant shall be punished by imprisonment for two years.
Reasons
Punishment of the crime
On March 21, 2014, the victim C Co., Ltd. changed its trade name to D Co., Ltd. on April 5, 2016, and on July 13, 2016, the victim Co., Ltd. changed to E Co., Ltd. on July 13, 2016. The victim Co., Ltd owned KRW 2,250,000,000 as the capital paid by promoters and investors, and KRW 3,00,000 as the cost of building a ship.
From May 8, 2014 to November 18, 2015, the Defendant served as the representative director of the victim company, and took charge of various authorization and permission, vessel building, and fund management in relation to the building of the victim company’s excursion ships. The shareholders of the victim company issued approximately 300 million shares of the above company to the Defendant in return for the performance of the above business.
1. Occupational embezzlement;
A. On April 31, 2014, the Defendant, such as the restaurant operation funds of Defendant wife, was issued by the shareholder F of the victim company’s company at the location in Gangseo-si, Gangnam-si, and was issued by G the head of the victim company’s corporate seal impression, the head of the corporate passbook, the corporate card, etc., from May 8, 2014, when working as the representative director of the victim company from May 8, 2014 and kept the funds of the victim company in business. On June 20, 2014, the Defendant transferred KRW 10,000,000, out of the funds deposited in the victim company’s account (I) at the location in Gangseo-si, Chungcheongnam-si, the Defendant transferred to the Defendant’s wife’s account (I bank) for the purpose of operating the restaurant of Defendant wife. From around that time, the Defendant transferred KRW 164,000,000 in total seven times, such as the attached Table 1 re-off.
Accordingly, the Defendant embezzled the property of the victim company.
B. On June 20, 2014, the Defendant’s nominal embezzlement, such as Defendant’s repayment of personal debt and living expenses, etc., is an individual loaning KRW 20,000,000, out of the funds deposited in the account of the victim’s company (H) at the place of Gangseo-si, Gangnam-si, 201.