Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

The defendant works as the representative director of the victim B corporation, and is a person who has overall control over overall affairs such as business and fund management of the victim corporation.

On September 20, 2016, the Defendant received 28 million won from the corporate bank account under the name of the victim company to the Defendant’s national bank account for provisional payment from the company bank account under the name of the victim company without undergoing due process such as the resolution of the board of directors of the victim company, and used the full amount for private purposes such as repayment of the Defendant’s personal debt and living expenses.

Accordingly, the defendant embezzleds the funds of the victim company, which was in his business custody.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness C, D, and E;

1. Application of a detailed statement of Acts and subordinate statutes on corporate account B;

1. Relevant Article 356 of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act and the choice of fines concerning criminal facts;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Determination as to the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The alleged defendant paid a lot of expenses to establish the victim company and borrowed money with the consent of all the directors due to the lack of funds.

In the last time, although the representative director intended to pay benefits, etc., but failed to receive benefits properly.

However, it is true that the defendant has been actually repaid with the funds invested in the victim company.

2. Determination

A. Since a stock company is an independent right holder separate from a shareholder, its understanding does not necessarily coincide with that of the shareholder, if the shareholder or representative director arbitrarily disposes of the company’s property for private purposes, such as providing it as collateral for a third party’s financing, then the crime of embezzlement cannot be exempted regardless of whether there was a resolution of the general meeting of shareholders or the board of directors regarding the disposal. The intent of unlawful acquisition in embezzlement is one’s own interest or a third party’s interest.