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A defendant shall be punished by imprisonment for not less than two years and six months.
However, the execution of the above sentence shall be suspended for three years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On March 21, 2016, from around January 21, 2016 to around January 21, 2019, the Defendant served as the representative director of the victim C Co., Ltd (hereinafter “victim Co., Ltd”) established for real estate development business, such as new construction and sale of Sejong City B, and was engaged in overall management such as the management of funds of the victim Co., Ltd.
The Defendant registered as an employee of the Defendant, who does not actually work for the victim company, and prepared a false contract for the method of using money in return for the payment of benefits, in an amount equal to the actual payment of the price for the design service contract and the contract for construction, and then returned part of the money paid to the other party to the contract, and planned to divert the funds of the victim company by using the method of using the money in the name of the consulting fees to the nominal company after establishing the company under the name of the other party, after concluding an unnecessary consulting service contract with the victim company under the name of the other party.
The Defendant embezzled KRW 2.17,172,382, the sum of the funds of the Victim Company by using the foregoing method, as follows, for the purpose of consuming it for personal use or using it for personal use in the course of occupational storage.
1. Around March 25, 2016, the Defendant for embezzlement of payment of false staff D’s benefits recorded the Defendant’s incidental DNA who did not actually work for the victim’s company as the employee of the victim company at the victim company’s office located in the above B around January 25, 2017, instructed the person in charge of accounting of the victim company to transfer KRW 2,675,000, which was kept in the victim company’s account in the victim company’s account to the F association account in the name of benefit, and had him/her arbitrarily consume for personal use, and required him/her to pay the amount of source collected, such as KRW 261,00,00, national pension for D.
The Defendant includes this.