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A defendant shall be punished by imprisonment for a term of one year and four months.
Reasons
Punishment of the crime
The defendant is a staff member in charge of C affairs of the victim Korean corporation, who is an export company of LED electrical products located in Gangseo-gu Seoul Metropolitan Government 1452-2.
1. On March 3, 2011, the Defendant withdrawn KRW 352,00 of the Company’s funds as the purchase price to be paid to “D Company,” which is a trading company of the said Company’s office, and used the said “D Company,” instead of paying it to the said “D Company,” and used it voluntarily for the purpose of living expenses, repayment of bonds, etc.
In addition, the Defendant, from around that time to January 14, 2014 (from the time of withdrawal until October 9, 2013), withdrawn the company funds of KRW 5,193,440 in total by the above methods as stated in attached Table 1, and wrongfully used them for living expenses, repayment of bonds, etc.
2. On January 4, 2012, the Defendant withdrawn KRW 4,455,00 of the Company’s funds to “E” companies, which are companies that supply ESD fastens, at the above place, under the pretext of purchase price, and instead instead used them for the purpose of living expenses, repayment of bonds, etc. without paying to the said “E companies.”
In addition, the Defendant, from around that time to January 29, 2014 (the date of withdrawal until December 2, 2013), withdrawn the company’s funds of KRW 57,541,500 in total by the above method as stated in the attached list 2 of crime sights (the date of withdrawal until December 2, 2013), and embezzled it voluntarily under the pretext of living expenses, repayment of bonds, etc.
3. On January 29, 2014, the Defendant voluntarily withdrawn operating funds of KRW 10 million from the Industrial Bank of Korea’s account in the name of the said company at the foregoing place and used them for living expenses, corporate repayment, etc.
In addition, as indicated in the attached Table 3 between May 6, 2010 and January 29, 2014, the Defendant withdrawn the company funds of KRW 120,150,000,000 in a total of nine times in the said method, and embezzled by arbitrarily using it as a means of living expenses, repayment of bonds, etc.
Accordingly, the defendant needs to be the victim in the course of his duties.