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The punishment of the accused shall be determined by six years of imprisonment.
Reasons
Punishment of the crime
The Defendant is a person who actually runs the Victim L Co., Ltd. (the previous name shall be “M”) from March 31, 2007 to January 23, 2008.
1. On April 23, 2007, the Defendant embezzled KRW 30 million of the company’s funds, which he had been in custody on behalf of the victim company at the office of the victim company located in the 9th floor of Gangnam-gu Seoul Nbuilding, for the purpose of paying personal debts, from that time to December 28, 2007, by deposit in the O account and using them for the purpose of paying personal debts, from that time, until December 28, 2007, the Defendant embezzled KRW 1.23 billion of the total amount owned by the victim company for 13 times as stated in the attached Table I and the Table II Nos. 10 to 3,5,8, and 15 of the List of Crimes.
2. Since the Defendant violated the Act on the Punishment, etc. of Specific Economic Leave (Misappropriation) was an actual management owner of the victim company, he/she has led the important decision-making of the victim company, he/she should not inflict damage on the victim company by fulfilling his/her duty as a good manager.
Nevertheless, the Defendant violated the above duties, on October 2007, issued a promissory note of KRW 620 million on an individual basis to P, who does not have any relationship with the management of the victim company at the office of the victim company located on the nineth floor of the Gangnam-gu Seoul Nbuilding, Seoul, and provided P with a promissory note of KRW 620,000,000,000 to obtain property benefits equivalent to the above amount, and incurred property damages equivalent to the same amount to the victim company, such as the No. 2 or No. 4 of the crime list III, and caused the victim company to obtain property benefits in the aggregate of KRW 5,120,000,000,000 on three occasions, and thereby,
around January 24, 2008, the Defendant 2013 Gohap1358, who had the Defendant’s passport and left Hong Kong, was designated by the Seoul Central District Prosecutors’ Office, etc. and did not return to the Republic of Korea.