beta
Text
Defendant
A Imprisonment with prison labor for six months, Defendant B shall be punished by a fine of three thousand won,00,000 won.
Defendant
B The above fine.
Reasons
Punishment of the crime
Defendant
A is a person who has been working as the chairperson of victim D from October 2005 to exercise overall control over the operation of the company and the execution of funds, and Defendant B is a person who has been working as the vice-chairperson of D and has been engaged in fund management.
1. Around October 27, 2005, Defendant A’s fraud, at the above D office, told the victim E to the effect that “If the land in the original city F, which he owns, is sold to B, the purchase price will be paid to the company and used for D’s operating capital.”
However, the fact is that even if the land of four parcels, such as G forest, ri-H forest, ri-I forest, ri-I, and ri-J is purchased from E, there was no intention or ability to pay the purchase price of KRW 60 million or to use it as the operating fund of D.
Nevertheless, as above, the Defendant belongs to E and entered into a sales contract for the said land with E, and around October 28, 2005, the above two parcels of forest land are under the name of K Co., Ltd., and the above two parcels of land were completed for the registration of ownership transfer under the name of Defendant B, but did not pay 60 million won.
Accordingly, the defendant deceiving E, thereby taking the total amount of 60 million won of the market price of the above land.
2. Around November 28, 2006, Defendant A’s occupational embezzlement: (a) withdrawn 2.2 million won of the company’s funds at the above D office and kept them for business purposes; and (b) voluntarily used it as the cost of floor construction for Seoul Gangnam-gu L and M’s housing owned by the Defendant from August 2006.
In addition, from around that time to September 27, 2007, the Defendant voluntarily disbursed KRW 20,801,895 of the funds of the victimized company for the purpose of construction cost of the said house, cost of purchasing home appliances, etc. while being kept for business purposes, as shown in the attached list of crimes (1).
Accordingly, the Defendant embezzled 20,801,895 won of the damaged company's funds.
3. The Defendants’ occupational embezzlement is around October 2006, Gangnam-gu Seoul Metropolitan Government D.