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Defendant
A Imprisonment of one year and six months, each of the defendants B, C, D, and E shall be punished by a fine of 3,000,000 won.
Defendant
B, C, D,.
Reasons
Punishment of the crime
1. From June 2012, Defendant A served as the representative director of M Co., Ltd., a construction technology service company located in Seojin-gu L in Jeonjin-gu, Jeonjin-gu, Seoul, and took overall charge of overall management, including the business of paying and withdrawing company funds. Around February 3, 2014, Defendant A, a construction technology service company N in Kim Jong-si, established an O and served as a real representative director, and took overall charge of overall management, including the business of paying and withdrawing company funds.
The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Embezzlement) was unable to keep a normal account in handling the affairs of the Victim M Co., Ltd. (hereinafter “victim M”) or the amount to be used for private purposes, such as the representative director, etc., was considered to have been used for raising the so-called “non-funds”.
1) On July 2012, the Defendant deposited KRW 1,376,720 to the wage account opened in the name of the beneficiary company M with no actual work at the office of the victim company M, and ordered the person in charge of accounting of the victim company M, who is in the custody of the payment passbook, to withdraw the said money in cash and recover it for the purpose of the victim company M, and used the money for personal purposes, such as personal activity expenses, etc. that cannot be accounted for because it is not related to the company operation expenses, while keeping it in the Defendant’s office for business.
In addition, the Defendant withdraws KRW 421,276,940, which was deposited from July 2012 to June 2014 by the aforementioned method as indicated in attached Table 1, and withdraws KRW 421,276,940 in cash from July 201 to June 2014, each of the above money is an individual purpose, such as personal activity expenses, which cannot be accounted for because it is not related to company operation expenses, while it was kept in the Defendant’s office for the M of the victimized company.