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1. Defendant A
A. Defendant shall be punished by a fine of KRW 1,500,000.
B. The defendant does not pay the above fine.
Reasons
Punishment of the crime
Defendant
A is a person who actually operates the Victim D Co., Ltd. (hereinafter referred to as “victim”) and Defendant B is a defendant’s wife, and is an employee of the damaged company, and E is a person in charge of accounting as the director of the division of the damaged company.
1. At the time of around 2013, the Defendant established a passbook of a corporate bank (Account Number:F) in the name of E and used it for retail passbook of the victimized company, and deposited the public funds of the victimized company into the passbook of the said corporate bank and kept them for business purposes.
While the Defendant kept public funds of the victimized company for the victimized company, on July 25, 2013, the Defendant instructed E to transfer KRW 3 million from the above passbook account to the fine payment account of the public prosecutor's office under the pretext of the fine payment related to the Defendant's drinking traffic accident criminal case.
The Defendant, by the foregoing method from the time to June 23, 2014, used the total of KRW 10,202,200 for personal purposes as shown in the attached Table 15 times, while he/she kept the property of the victimized company for business purposes, and embezzled for business purposes by arbitrarily using the total of KRW 10,200 for personal purposes.
2. On April 12, 2013, the Defendant: (a) opened a bank passbook (Account Number:F) in the name of E and kept a e-mail card connected to the said account used for retail passbook of the victimized company; (b) was in the custody of the e-mail card connected to the said account; (c) was voluntarily withdrawn from ATM flag located in the same day and below 1,000 e-mail with the said e-mail card; and (d) was used for personal purposes.
The Defendant used the aforementioned method to arbitrarily use the total amount of KRW 6,600,000 for personal purposes, as shown in the attached Table No. 1 (2), while he/she kept the property of the victimized company for business purposes between December 30, 2013 and December 30, 2013.
Summary of Evidence
1. Defendants’ respective legal statements
1. The transaction details of passbooks 1.