A defendant shall be punished by imprisonment for two years.

Punishment of the crime

The Defendant entered C Co., Ltd. (hereinafter “victim”) on May 15, 1994 and worked as the deputy team leader of the management department of the victimized Company’s Busan Branch from October 2005 to October 2014. The Defendant is a person in charge of overall management, such as lease of the above Busan Branch’s private house and the storage of its revenue, management of it, and other financial management.

1. The Defendant, by using the fact that the business supervision and the fund management system related to the lease of the victimized company was weak, was used, in order to continuously cut down the company’s funds for the purpose of personal business funds, etc. by using the method such as not reporting the lease itself or reducing the amount of the lease deposit received.

Accordingly, on April 1, 2009, the Defendant: (a) leased part (48.6 square meters) of the above 5th floor to (E) the above 5th floor (48.6 square meters) of the company’s office located in Busan Dong-gu, Busan (the 1st floor and the 7th floor above) in the management office; and (b) embezzled KRW 10 million as a security deposit in an account book while being in business custody for the damaged company after receiving payment of KRW 50 million as a security deposit; and (c) reported the profits by stating that the Defendant received KRW 10 million as a security deposit in an account book; (d) around that time, the Defendant arbitrarily withdrawn and acquired the remainder of KRW 40 million and consumed it in personal debt repayment, etc. from that time until October 28, 2014, as indicated in the attached Table 1 Crime List (1), which was kept in business for the victimized company at will, and embezzled KRW 433,87,765 won as personal debt, consumption expenses, etc.

2. The Defendant, as a person in charge of the lease of the above Busan Branch’s office, has faithfully performed the duty of receiving and collecting rent and management fees from the lessee, while having to report the unpaid details to the damaged company in a timely manner and take appropriate measures, such as eviction, even if there is an occupational duty to take appropriate measures, as a person in charge of the lease of the above Busan Branch’s office.