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A defendant shall be punished by imprisonment for a term of one year and two months.
Reasons
Punishment of the crime
【Criminal Power】 On May 13, 2016, the Defendant was sentenced to the suspension of the execution of two years for the crime of occupational embezzlement in the Western Branch of the Daegu District Court for the crime of occupational embezzlement, and is currently pending in the appellate trial.
【Criminal Facts】 The Defendant is a person who, from October 17, 2007 to February 2, 2015, works as the representative director of the (ju)F located in Seo-gu, Daegu, Seo-gu, and operates textile products and raw material color, processing, and screaming business.
1. On December 15, 2014, the defrauded concluded that “Around December 15, 2014, the Defendant, the representative director of G Co., Ltd., Ltd., was under temporary pressure from capital in the State F, which was operated at home. If the Defendant borrowed the operating fund as a security for transfer, he/she would reimburse the company’s entire shares until April 30, 2016 and pay 5% interest per annum.”
However, in fact, the above company was under cumulative debt amounting to KRW 400 million with financial institutions, business partners, etc., and about KRW 31 million with employees of the above company delayed payment of wages. The above company's factory was under chronic deficit, such as energy and wastewater treatment expenses, and management expenses such as 57 million won overdue, and there was no intention to provide the victim company with all of its shares for the purpose of transfer, and there was no plan to use all of its shares for the purpose of transfer, and around November 2014, the victim company had already been considered to suspend the operation of the above company. Thus, the victim company had no intention or ability to repay the loan even if it borrowed money from the victim company.
On December 15, 2014, the Defendant received from the victimized Company a total of KRW 50 million, including transfer of KRW 100 million to the said account on December 26, 2014, for the purpose of borrowing money, from (i) a new bank account (I) in the name of F; (ii) a total of KRW 50 million from the said account on December 26, 2014; and (iii) a total of KRW 200 million from the said account on January 7, 2015.
Accordingly, the defendant was given property by deceiving the damaged company.
2. The Defendant is a victim company (State).