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A defendant shall be punished by imprisonment for one year.
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
The Defendant, while serving as the representative director of the Victim D Co., Ltd. (hereinafter referred to as the “victim”) established for the purpose of operating and managing sanatoriums in C at home, is a person who has overall control over the business of receiving and disbursing funds in the course of operating medical care institutions, such as the E-Special Medical Care Center for the Aged, F long-term medical care institutions, and G, which are the long-term medical care institutions affiliated with the victimized Company
1. On January 10, 2014, the Defendant voluntarily consumed KRW 58,940,240,000 as I’s wage by remitting KRW 701,940 to a new bank J account under I’s name as if he had worked in the victimized company even though he had not worked in the victimized company for the victimized company on behalf of the victimized company, and then remitting KRW 701,940 to a new bank J account under the name of I as if he had worked in the victimized company without having worked in the victimized company for the victimized company. From February 14, 2017, the Defendant transferred KRW 33 times in total, as indicated in the list of crimes, from that time until February 14, 2017.
2. The defendant in breach of occupational duty is the representative director of the victimized company, who bears occupational duties to preserve the property of the victimized company and to faithfully perform his duties to the best interest of the victimized company.
A. On December 15, 2014, the Defendant entered into a contract under the name of the company to purchase the “Seoul apartment No. 103, 2202,00 won” from L to be used for the residential purpose of the Defendant and his family in violation of the above occupational duties at the real estate intermediary office located in the K apartment shop in the city of Won-si, Seoul, and thus, to purchase the “Seoul apartment No. 103, 2202,000 won from L to the seller.
The defendant paid 26,100,000 won to L as contract deposit using the company's funds in the name of the damaged company M account, and on February 9, 2015, the above agricultural bank account in the name of the victimized company to L around February 9, 2015.