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A defendant shall be punished by imprisonment for two years.
Reasons
Punishment of the crime
"2014 Highest 3978"
1. From October 4, 2010 to October 8, 2013, the Defendant was in office as the representative director of the Victim E Co., Ltd. (hereinafter “company”) with the head office located in Nam-gu Incheon Metropolitan City, Incheon, and was in charge of overall business such as company’s fund management. The Defendant kept the victim’s owned funds deposited in 13 accounts under the name of the victim company, such as the attached Table No. 1, on behalf of the victim company, and managed the said money by transferring it to the Defendant’s account under the name of the Defendant, such as the attached Table No. 2, as indicated in the attached Table No. 1.
On June 9, 2012, the Defendant, who is the Defendant’s seat, did not work in the victim company, had the Defendant transferred money in the name of salary to the Defendant’s account and had the Defendant arbitrarily use it. On June 9, 2012, the Defendant embezzled KRW 6,614,600 in total by the same method over 12 times, as shown in attached Table 1, from around that time to January 10, 2013, as in attached Table 1, from the time of the transfer of KRW 1,243,030 to the Defendant’s corporate bank account in the name of the victim company to the Defendant’s name.
B. The Defendant: (a) issued a tax invoice under the name of the victim company as if there was an actual transaction, even though having not been supplied with oil, etc. from the international oil station operated by H in connection with G construction projects carried out by the victim company; (b) paid the transaction amount to H account; (c) paid the said amount in cash return from H; and (d) embezzled KRW 30,000,000 from the victims’ nominal bank account to the agricultural bank account under the name of H in return for oil payment on June 11, 2012; and (c) embezzled KRW 213,968,000 in total eight times in the same manner as shown in attached Table 2, from that time to December 6, 2012.
2. The Defendant’s embezzlement is around June 2012.