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Defendant
A Imprisonment of three years and six months, and Defendant B shall be punished by imprisonment of three years, respectively.
However, as to Defendant B, this shall not apply.
Reasons
Punishment of the crime
1. The Defendants’ violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) was the representative director of the (State)F in Kimcheon-si E (hereinafter “F”), and the director in charge of finance of the victim medical corporation H Foundation located in G (hereinafter “victim Foundation”). Defendant B was in charge of financial management, such as the issuance of bills from the victim foundation. Defendant B was in charge of external affairs of the victim foundation while serving as the representative director of the victim foundation and the F director.
The above F is a company that was jointly invested by the Defendants, including the Defendants, in order to build a golf course called “J” in the Gancheon-si I. The Defendants conspired to raise funds for the construction of golf courses by issuing a promissory note in the name of the victim foundation as the financial situation of the said golf course has deteriorated while implementing the said golf course construction project.
Defendant
A around January 13, 2011, a promissory note (K) issued in the name of the victim foundation with a face value of KRW 250,000,000,000 in the name of the victim foundation, and issued it to L in the F office and received discount money from L, and used the promissory note in the victim foundation at will using it as construction funds of the said golf course
From around that time to September 15, 2011, the Defendants issued 13 copies of a promissory note in the name of the victim foundation in the total face value of 4.7885 billion won and borrowed money as collateral and used it as F golf course construction funds.
Accordingly, the Defendants conspired and embezzled the property of the victim foundation.
2. Defendant A’s violation of the Labor Standards Act is the representative director of F, who is an employer who executes the construction work of JJ golf courses using 7 full-time workers at Kimcheon-si I.
Defendant
A shall be above.