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A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
A victim B is a company that was established for the purpose of developing and selling the livelihood of the Ulleung-gun around June 13, 2013. The Defendant is a victim company’s auditor from June 13, 2013 to January 20, 2014; from January 21, 2014, the victim company’s representative director from around January 21, 2014 to around January 13, 2013; and C is the victim company’s representative director from around June 13, 2013 to around January 20, 2014.
1. The Defendant and C’s joint crime committed in collusion with C, while managing the Defendant’s Bank account (D) from around June 13, 2013 to managing the Defendant’s Bank account, and keeping the Defendant’s funds for the Victim Company, at the victim’s office located in Nam-gu E building 1102 at the port of July 9, 2013, the Defendant voluntarily transferred KRW 3,984,230 to the Defendant’s bank account (G) with the Defendant’s personal account from the said Nonghyup Bank account, and arbitrarily transferred KRW 3,984,230 from around September 2, 2013 to September 2, 2013, the Defendant arbitrarily transferred KRW 16,484,230 in total four times from around the above day to September 2, 2013.
Accordingly, the defendant embezzled the victim's company's property in collusion with C.
2. The Defendant’s sole crime committed the Defendant, from around January 21, 2014, managed the said Victim’s Bank’s Account and stored the Company’s funds for the Victim Company. On May 2, 2014, the Defendant transferred KRW 5,000,00 from the said Victim Company’s Office to the Nong Bank’s account under the name of the Defendant C (F) in the said Nonghyup Bank’s account, and used the money for personal purposes, such as the cost of life deposit. Moreover, the Defendant arbitrarily transferred KRW 11,00,000 in total three times from the above date to September 18, 2014, as indicated in the No. 5 to No. 7 of the List of Crimes No. 1200,000.
Accordingly, the defendant has been kept in custody.