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A defendant shall be punished by imprisonment for two years.
Reasons
Punishment of the crime
The defendant is the actual representative director of the victim E Co., Ltd. located in Young-si population D, who exercises overall control over the operation and fund management of the company.
[2014Gohap259]
1. Around June 18, 2009, the Defendant sold waste metal generated in the course of the production of products to Fju G in the form of KRW 5 million and transferred proceeds from the sale to H’s account in the name of H in which the Defendant managed the proceeds from the sale to the Defendant’s occupational custody for the victim’s company, and then embezzled proceeds from the discontinuance of the victim’s sales for personal use from that time until May 22, 2012, including voluntary consumption for the victim’s personal use, from that time, until May 22, 2012, as shown in the attached Table 1 (1) of the Crimes List of Crimes (1).
2. The Defendant: (a) leased the monthly rent of KRW 3 million to N around June 2010 while the Victim Company managed the YY-gu I, the J site and both above-ground buildings in Ansan-si, and K, L, and M (hereinafter “instant real estate”) purchased on or around April 22, 2010; and (b) leased the monthly rent of KRW 3 million to N around June 2010.
6. From around 16.16. to September 5, 2011, a sum of the rent of KRW 64,920,000 from around 26 times to 3.0 million was remitted to the Agricultural Cooperative under the name of H, and then embezzled by voluntary consumption at around that time, as shown in attached Table 2 (2) as well as the voluntary consumption at around that time.
3. While the Defendant managed the instant real estate as prescribed in paragraph (2), around October 201, the Defendant sold the instant real estate to Q Q for KRW 1,590,000,000,000,000,000 around October 27, 2011, and, around November 11, 2011, transferred KRW 97,60,000 out of the balance to the corporate account of the victim company, and embezzled the instant real estate by discretionary consumption from November 14, 201 to the H account under the name of the Defendant’s management from November 30, 201 to the total amount of KRW 9,60,000,000 from November 30, 201, as shown in Attached Table 3 (3).
[2014Gohap354]
4. The defendant.