A defendant shall be punished by imprisonment for six years.

An application for compensation by an applicant for compensation shall be dismissed.

Punishment of the crime

【2015 Highest 2492】 The Defendant is a person who is a director of the Victim G Co., Ltd., a real estate auction or sales company from May 2013 to March 21, 2014, and has overall control over all business and fund management.

1. On July 30, 2013, the Defendant embezzled occupational embezzlement for short-term loans at the office of the above victim company located in Ulsan-gu, Ulsan-gu, Seoul-gu, and the Agricultural Cooperative (I) account in the name of the victim company in which the company fund is deposited is kept for business purposes, and then arbitrarily transferred KRW 1,00,000 to the account in the name of the Defendant’s name for short-term loans, and embezzled using it for personal purposes.

In addition, from that time until January 17, 2014, the Defendant arbitrarily transferred 56,00,500 won of the funds of the victim company to use them for personal use five times in total, such as the list of crimes (1) as shown in the attached Table of Crimes (1).

2. On June 5, 2013, the Defendant: (a) pretended to pay wages to the employees of the Company, with the intent to use the Company’s funds for personal purposes; (b) pretended that the Defendant’s mother-friendly J was working as an employee of the Company, despite that he was not a company employee; (c) voluntarily released KRW 967,00 from the said Agricultural Cooperative Account of the Victim Company, which was under occupational custody, to the said J’s pay title for the five months to J; and (d) embezzled by using it for personal purposes.

In addition, from that time until March 5, 2014, the Defendant arbitrarily withdrawn 38,614,000 won of the funds of the victim company at a total of 18 times, such as the list of crimes (2) as shown in the attached Table of Crimes (2), and embezzled each of them for personal use.

3. On July 15, 2013, the Defendant paid business allowances to the employees of the Company, who pretended to pay the Company’s operating allowances, for personal purposes, by taking away the Company’s funds from the standpoint of paying the Company’s operating allowances.