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A defendant shall be punished by imprisonment for not less than one year and six months.
Reasons
[2011 Highest 1170] On November 6, 2009, the Defendant agreed to pay E the amount of KRW 250,000,000 for the condition that E has 15% of the company’s equity interest and continues to work in the business and equipment development portion, and that E shall pay 50,000,000 for the remainder within 15 days after the company’s actual inspection, and that E will take over F and G companies, a victim of the electronic parts manufacturing industry, etc. operated by E, as its main business, while the Defendant agreed to pay the remainder within 15 days after the company’s actual inspection.
Therefore, the Defendant was engaged in the management and execution of self-sufficiency of the above company around that time. On November 25, 2009, the Defendant received the above corporate card and one corporate passbook from E, and kept in custody for the above company. On December 2, 2009, “H” chain store paid KRW 20,000 as an food cost in accordance with the above corporate card using the above corporate card. From that time to December 16, 2009, the Defendant used the total of KRW 1,503,600 for personal use as indicated in the attached crime log (1) as shown in the attached crime log (1). On December 28, 2009, the Defendant withdrawn KRW 3,000,000 from the above corporate passbook and used it for personal use, and then withdrawn KRW 1,503,60 for the above corporate fund for the total of 200,000 for the purpose of use from that time to January 20, 2010.
Accordingly, the Defendant embezzled total of KRW 30,166,60 for personal purposes.
[2011 Highest 2130] The Defendant is a user of electronic equipment who is engaged in manufacturing business using 20 full-time workers as the representative of the JJ, a corporation located in Gyeongdong-gun I in Gyeongdong-gun.
The Defendant did not pay KRW 2,145,420 on the date of retirement within 14 days from the date of retirement, without agreement between the parties on the extension of the due date between the parties concerned, in total of KRW 1,072,710 of K’s wages of retired workers on October 5, 2010 and KRW 1,072,720 of L’s wages of retired workers on the same day.
[2011 Highest 296] The defendant is in the Ilish group I of North Korea.