beta
Text
A defendant shall be punished by imprisonment for not less than one year 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
From January 6, 2015, the Defendant, as the representative director of the Victim G Co., Ltd. (hereinafter referred to as “G”), in Busan Shipping Daegu, has overall control over the execution, management, etc. of the said hotel’s capital, and from February 2013 to August 2013, the Defendant registered the Victim I Co., Ltd. (hereinafter referred to as “I”) and the Victim J Co., Ltd. J (hereinafter referred to as “J”) as the Defendant’s representative director, and the Defendant actually operated the said company.
1. Violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) and occupational embezzlement;
A. On February 4, 2015, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) against the victim I using fraudulent transactions with L, prepared false data as if he purchased the goods from L established in the name of M, the Defendant’s employee, at the victim I office located in Busan Shipping Daegu H, Busan, and delivered KRW 200 million among them to M’s corporate bank account in M’s name for purchase price, and delivered KRW 50 million to N in order to pay the Defendant’s personal debt.
As a result, the Defendant embezzled the victim I’s company funds of KRW 50,00,000,000, which were kept in his/her business, and then leaked the company funds of KRW 1.4 billion from around that time to April 25, 2016 by means of pretending false transactions between L and 1.40,000, and used the company funds of KRW 547,726,686 for 31 occasions as shown in attached Table 1.
B. On March 2, 2015, the Defendant: (a) purchased the amount equivalent to KRW 45 million in the department store gift certificates by using a corporate card of the victim I, G, and J (hereinafter collectively referred to as “victims”) on or around March 2, 2015; and (b) kept in custody of the company, one of them in the gift certificates discount company.