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1. Defendant A shall be punished by imprisonment with prison labor for one year and six months;
Of the facts charged in the instant case, the facts charged are the primary charges.
Reasons
Punishment of the crime
Defendant A, from around 1993 to around 1993, intended to sell Seongdong-gu Seoul P, Q, R, and S land (hereinafter “instant land”) owned by O and arrange theO while he operated theO as the representative director of the corporation located in Seongdong-gu Seoul N (hereinafter “O”).
O sells the instant land in total at KRW 30.843 billion to a lot assets development corporation around June 8, 201, and received KRW 7,987,214,500 in total and the intermediate payment around June 8, 201, and KRW 22,85,785,50 in remainder around April 6, 201, respectively.
On the other hand, around March 6, 2012, Defendant A had Defendant B, who is the birth partner of this species of the instant land, establish D, the foundation of which is Defendant B, the president of the Gyeonggi Pyeong-gun T. On the other hand, Defendant A contributed 18 billion won out of the proceeds from the sale of the instant land that was received from the Investment Company, by means of donation from May 25, 2012 to December 12, 2012.
[Criminal facts]
1. Defendant A (Occupational Embezzlement) serving as the actual representative of the Incorporated Foundation D (hereinafter “victim Foundation”), while exercising overall control over the affairs of the property and fund management of the Victim Foundation, etc., and keeping the funds of the Victim Foundation in the course of business, Defendant A withdrawn KRW 80 million from the account of the Victim Foundation on August 17, 2012 as a check and used the amount as purchase price for the Gyeonggi-si U, V,W, X land unrelated to the Victim Foundation. From that time to March 28, 2016, Defendant A embezzled the total amount of KRW 1,2,4,6,9,9,12,19,27,29,29,32,33,34,37,41,40,50,52,53,53,54,767,767,79,767,767,7,79,767, and 1,016.
2. Defendant B (Law Violation) National Tax Service, from September 6, 2013, established a tax investigation on the amount contributed by O to D (hereinafter “instant foundation”) as an incorporated foundation from around September 6, 2013, and the establishment process of the instant foundation, and affiliated with the Seoul Regional National Tax Service.