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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
The Defendant is the representative director of the Victim E Co., Ltd. located in Yeongdeungpo-gu Seoul Metropolitan Government from December 22, 1997 to November 2, 1998, who has been in charge of the above E, such as fund management.
1. Around May 30, 1998, the Defendant arbitrarily consumed and embezzled the amount of KRW 30,000,000, out of the amount deposited in the Korea Investment Trust Deposit Account (F) in the name of the victimized company at the headquarters of the Korea Investment Trust located in Yeongdeungpo-gu Seoul Metropolitan City, Yeongdeungpo-gu (27-1) around May 30, 1998, and was kept for the victimized company. On the same day, in order to pay the Defendant’s personal debt in the vicinity of the above E, the Defendant arbitrarily distributed it to the said G.
2. Around June 27, 1998, the Defendant: (a) withdrawn KRW 20,000,000, out of the amount deposited in the deposit account in the name of the victimized company at the head office of the above Korea Investment Trust; and (b) was kept in custody for the victimized company; (c) on the same day, he/she arbitrarily consumed and embezzled the Defendant’s personal debt in the vicinity of the above E, by arbitrarily delivering it to the said G in order to repay the Defendant’
3. On July 14, 1998, the Defendant arbitrarily consumed and embezzled the amount of KRW 102,935,305, out of the amount deposited in the account of the said Korean investment trust account in the name of the victimized company, and was kept in the custody of the victimized company for the purpose of the victimized company, such as arbitrarily delivering the Defendant’s personal debt in the vicinity of the above E in order to repay the Defendant’s personal debt at his own discretion.
4. On October 24, 1998, the Defendant, at the head office of the above Korea Investment Trust, withdrawn KRW 46,397,566 out of the amount deposited in the account of the said Korea Investment Trust in the name of the victimized Company, and embezzled arbitrarily, such as arbitrarily delivering the Defendant’s personal debt to the said G in order to repay the Defendant’s personal debt in the vicinity of the above E on the same day.
Accordingly, the defendant has been on duty for the damaged company four times in total.