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Defendant
A Imprisonment for three years, Defendant B shall be punished by imprisonment for ten months, and Defendant C shall be punished by a fine of KRW 1,00,000.
Reasons
Punishment of the crime
[2011Gohap382, Defendant A]
1. The defendant, from June 26, 2001, is the representative director of the victim I Co., Ltd. I (hereinafter referred to as the "victim Co., Ltd.") in Guri-si from Jun. 26, 200 and has been engaged in the overall business of managing the funds of the victim Co., Ltd.
A. A. Around January 6, 2005, a national bank account (J) in the name of the victim company was voluntarily withdrawn KRW 36 million from the company’s funds in cash on behalf of the victim company, and deposited it into the national bank account (K) account in the name of the defendant company, and embezzled it by arbitrarily consuming living expenses, etc. around that time from December 10, 207, from that time until December 14, 2007, including embezzlement by arbitrarily consuming KRW 732,544,490 in total by the same method as shown in attached Table 1;
B. Around September 24, 2004, a company’s funds of KRW 34 million was voluntarily withdrawn from the national bank account (L) that was used solely for the company’s business on behalf of the victim, and then deposited KRW 14 million in the national bank account (K) in the name of the Defendant’s individual, and embezzled the funds by arbitrarily consuming living expenses, etc. around that time, and then arbitrarily consuming the funds from February 16, 2007 to February 11, 2007, as shown in Table 2 of the List of Crimes; and (b) arbitrarily consuming the funds of KRW 586,300,000 in total by the same method as shown in Table 2;
C. Around January 11, 2006, the Korean National Bank Ptoptop (KB) opened to pay KRW 1,520,000 per month in the name of the Defendant in the name of the Defendant at the Ptoptop (hereinafter “KB Mutual Savings”) of the monthly installment payment of KRW 1,520,000,000 per month in the name of the Defendant, and embezzled funds that were in custody for the company by means of automatic transfer from the said national bank account (L) that was held in the name of the Defendant