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Defendant
A Imprisonment for six months, each of the defendants B and C shall be punished by imprisonment for eight months.
However, as to Defendant A, the same shall apply.
Reasons
Punishment of the crime
Defendant
A is the representative director of H, a building management service company, and Defendant B and Defendant C were engaged in the management and enforcement of the Justice’s funds managed by the damaged company as an employee of the victim I (hereinafter “victim”) for the purpose of multimodal transport arrangement business, warehouse storage business, etc. from January 2012 to July 2015.
In relation to the maintenance, management, expenses, and cleaning of all facilities inside and outside the building and the building to the J on January 1, 2012 between the damaged company and H, the monthly service cost is calculated on the basis of the actual input manpower at the end of each month and paid in cash within the 15th day of the following month.
On the other hand, Defendant C and Defendant B conspiredd to raise funds to cover the costs incurred in the damage of cargo arising from the management of theJ, customer who is in charge of the cargo, and the cost of contact with the customer company. On February 2, 2013, Defendant C and Defendant B demanded that Defendant A return the excessive payment after receiving the excessive payment from the victimized company by appropriating the service cost excessive according to the number of service personnel under the service contract, not the actual service personnel.
Therefore, around March 29, 2013, the Defendants embezzled the amount of KRW 11,562,00 by raising a report on the status of major business affairs in the name of the HJ management office to the damaged company and allowing the damaged company to pay KRW 11,561,00 to H as the cost of facility management services in March 2013. On April 8, 2013, the Defendants embezzled the amount of KRW 1,562,00,000, excessive payment from the above company, by receiving the return of KRW 1,562,00,000, from the above company.
As above, the Defendants conspired to act from March 29, 2013 to June 26, 2015, such as the list of crimes in the annexed sheet.