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Defendant
A shall be punished by imprisonment for three years.
Defendant
B The summary of the judgment of innocence as to Defendant B is not guilty.
Reasons
Punishment of the crime
Defendant
As a judgment of not guilty was rendered on B, the facts constituting a crime are modified to the extent that it does not infringe the defendant A's right of defense.
Defendant
A is a person who was in office as a director of the J (hereinafter referred to as "victim company") located in Gangnam-gu Seoul from around September 13, 2005 to take office as a representative director from around March 31, 2010 and was in office from around March 31, 2012 and operated J from March 31, 2012, and used two accounts of a national bank in the name of the victimized company (Account Number: K, L), three accounts of a national bank in the name of the Defendant, three accounts of a national bank in the name of the Defendant (Account Number: M, N,O) and three accounts of a national bank in the name of the Defendant (Account Number: P and Q) as the operation account of the victimized company, and is engaged in the business of keeping and executing the funds of the victimized company.
1. On June 30, 2010, Defendant A transferred KRW 24,200,000, out of the funds of the damaged company that was kept in the course of business for the damaged company to the National Bank account (Account Number: M; hereinafter “Defendant A’s main transaction account”) under the name of Defendant A at the damaged company’s office, to the bank account of Defendant A for the purchase price for the 5 vehicle of R, the husband of Defendant A.
Defendant
A, in addition to this, he/she consumed the total amount of money of KRW 1 through 4, 6, 8 through 11, 16, 20, 21, 22, 24, 26, 27, 31, 35, 38, 40, 43, 44, 50 through 53, 55, 57, 59, 61 through 66, 68, 69, 70, 72, 73, 75, 76, 78, 80, 83, 85, and 85 through 100, from February 14, 2008 to March 13, 2013.
As a result, Defendant A embezzled the property of the victimized company in violation of the occupational duty.
2. A around September 16, 2008, at the office of the injured company, Defendant A purchased an apartment building under the name of the Dong T in Busan and Defendant A managed by Defendant A.
The apartment price is new with the money of B deposited in the account of B.