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Defendant
A shall be punished by imprisonment with prison labor for ten months.
Defendant
The instant public prosecution against B is dismissed.
Reasons
Punishment of the crime
[criminal power] Defendant A was sentenced to nine months of imprisonment for fraud at the Busan District Court on November 24, 201, and was released on May 25, 2012 and the parole period expired on July 4, 2012.
【Criminal Facts】
Defendant
A and B agreed to carry on a partnership business on April 2013 with D and shipbuilding machinery and equipment export and import business of oriental medicine and food raw materials import business, and Defendant A controlled the affairs of the (State) Indonesia Corporation in Indonesia, and B took charge of the management of corporate funds and oriental medicine in the (State) E-do branch in Indonesia, and the said D decided to take charge of the representative director of the (State) E in Ulsan and invested its partner's funds.
Accordingly, Defendant A and B had a duty to properly manage and execute the operating fund of the victim company (E) that was invested by the said D as a person in charge of the work and a fund manager of the Indonesia corporation.
1. On May 9, 2013, Defendant A’s occupational embezzlement purchased and consumed goods worth KRW 73,160,000 by using the corporate card of the said company at the south-dong store of Suwon-gu, Busan. The Defendant purchased and consumed goods worth KRW 73,160 by using the corporate card of the said company.
In addition, from that time until February 1, 2014, the Defendant embezzled the total sum of 15,576,688 in the same way 70 times as indicated in the attached list of crimes, from that time until February 1, 2014.
2. On September 10, 2013, Defendant A and B conspired to arbitrarily use the funds for the operation of the company transferred from the said D for the victim company at a place where the location in Indonesia cannot be identified. On the same day, Defendant A and B arbitrarily remitted KRW 43,340,00 to the bank account in the name of domestic C&D, and KRW 32,250,000 on the 30th day of the same month.
As a result, Defendant A conspired with B in total amount of KRW 75,590,000.