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A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
From January 12, 201 to March 2, 2011, the Defendant, while serving as the representative director of the Victim F Co., Ltd. (hereinafter “victim”), took overall control of the work with G, the victim’s chairperson, and was in charge of the duties related to the management of the Defendant’s mother H (for example, I) from March 3, 201 to January 2, 201.
1. Around December 2010, the Defendant, including expenses incurred in relocating offices, changed the company name from K Office located on the 8th floor of Gangnam-gu Seoul Gangnam-gu Seoul, to F Co., Ltd., and requested G, the Defendant, and H to jointly operate the said company’s business name and to prepare an office near his/her residence after having agreed to take office as a representative director, and requested G to prepare an office in the vicinity of his/her residence. Around December 29, 2010, the Defendant received KRW 40 million from G with expenses incurred in relocating office. Around December 31, 2010, the Defendant continued to use KRW 10 million for the same purpose as the payment by the representative director, and the Defendant used KRW 10 million for the said business name and KRW 100,000,000,000 for the remaining personal money of KRW 100,000 for the purpose of keeping the victim’s account in his/her name and KRW 315,501,000,00.
2. Around February 9, 2011, the Defendant embezzled the amount of KRW 2,554,980, out of the funds that the Defendant kept on behalf of the victim at the office of the victim located in Seocho-gu Seoul Metropolitan Government Lbuilding 602, as personal litigation costs, using the Defendant’s personal civil litigation costs as the amount paid by the representative director.
3. Around August 12, 2011, the Defendant, who embezzled the contribution contract money, received a transfer of KRW 30 million from the Defendant’s corporate bank account from the Defendant’s corporate bank account to H as the contract deposit for the film of H, and for the victim.