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A defendant shall be punished by imprisonment for not less than one year and six months.
Reasons
Punishment of the crime
The Defendant, from September 1, 201 to October 15, 2013, is engaged in the overall management of the business affairs of the victim-product manufacturer D, which is a cosmetics manufacturing company in Ansan-si, as the representative director in charge of accounting, accounting, business, manufacturing, etc., and was willing to use the company's funds for personal purposes, such as expenses for the establishment of the E-company, which is irrelevant to the above company.
1. On December 23, 2011, the Defendant, after paying advance payment of materials for cosmetics, deposited KRW 10,000,000 in the company’s account in the name of the above company in the KCAD, and used the company’s personal purpose, including the deposit of KRW 24,29,000 in total, from December 23, 201 to September 26, 201, to the KCA bank account in the name of the above company, and then, to the KCAF in the form of advance payment. The Defendant voluntarily transferred KRW 29,000,000 in total to the KCA bank account in the name of the above Defendant from December 23, 2011 to September 26, 2013.
2. Around May 31, 2013, the Defendant committed the act of receiving the sales proceeds of “G” from the account in the name of the employees of the company: (a) deposited KRW 1755,000 in the said company’s cosmetic’s account in the National Bank Account in the name of the above company’s accounting officer H and kept in custody for business purposes; (b) was again transferred to the Defendant’s agricultural bank account in the name of the Defendant; and (c) from December 24, 2012 to December 13, 2013, from December 24, 2012 to December 13, 2013, the Defendant voluntarily used KRW 2,1265,529,000 in total for personal purposes, such as the expenses for the establishment of the EF’s account in the name of the Defendant.
3. The Defendant committed the crime of withdrawing cash after receiving the sales proceeds from the account in the name of the company, with the deposit of the “G”, around December 12, 2012.