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Defendant
A shall be punished by imprisonment with prison labor for eight months, by a fine of five thousand won,00,000 won.
However, the defendant A.
Reasons
Punishment of the crime
1. Defendant A
A. The Defendant, as the representative director B, is a person in charge of the operation and fund execution of the said company.
The Defendant, in fact, did not work for the said company and merely lent the national technical qualification certificate to E, F, G, H, etc. as an employee working for the said company, had falsely recorded them as an employee, and had expressed his intent to use the said company’s funds for his pay and leave.
On March 28, 2013, the Defendant: (a) transferred KRW 6,644,134 from the corporate bank account (I) in the name of “B” bank account used by the said company in the above B to the Busan Bank account (J) in the name of the Defendant; (b) transferred KRW 6,644,134 to the Busan Bank account in the name of the Defendant’s name; and (c) used the money arbitrarily for personal purposes, such as living expenses, etc. around that time; and (d) embezzled it for personal purposes, such as personal living expenses, from that time to April 14, 2014 as shown in the List of Crimes (1) of the attached Table.
(b) A person who discharges commercial wastes prescribed by Ordinance of the Ministry of Environment, and a person who discharges, collects, transports, recycles, or disposes of such wastes shall enter matters concerning the delivery and receipt of wastes into an electronic information processing program whenever he/she discharges, collects, transports, recycles, or disposes of such wastes;
Nevertheless, from January 1, 2013 to January 27, 2014, the Defendant discharged and entrusted the disposal of food residues, which are industrial wastes generated from the food waste disposal process, at the above corporate office B, to 191 times in total, and did not enter the details of the transfer and takeover of wastes into the electronic information processing system, at the same time.
(c) No national technical qualification certificate in violation of the National Technical Qualifications Act shall be lent or borrowed to any other person;