beta
Text
Defendant shall be punished by imprisonment for a term of one year and six months.
However, the execution of the above sentence shall be suspended for three years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
1. The Defendant is a person who has been engaged in the overall operation of the company, including the management of company funds, as a representative director and an actual operator of the damaged company E from around December 2005 to the person who suffered damage in Namdong-gu Incheon Metropolitan City D.
After withdrawing the company funds by using the victim company's position that actually operates the victim company, the defendant thought to use it for personal purposes, such as personal business investment funds, repayment of personal debts, etc.
A. On August 23, 2010, the Defendant occupational embezzlement, by means of cash withdrawal, etc., embezzled KRW 461,50,000,00 in total from around 31 times until October 8, 2014, when he/she kept the funds of the said company for the victim’s company at the office of the said victim’s company, he/she had the said victim’s corporate bank account transfer KRW 9,50,000 from the Defendant’s corporate bank account to the Defendant’s corporate bank account, and used it voluntarily for personal purposes, such as personal business investment, personal debt repayment, etc.
B. Around July 21, 2011, the Defendant occupational embezzlement, by means of remitting money, etc. to F, was kept in business for the victim’s company at the office of the above victim’s company, and the representative director in the above victim’s name bank account was Dong G, but he was actually used for personal purposes, such as remitting KRW 1.8 million to the company bank account in the name of F, a stock company operating by the actual Defendant, and remitting money without actual transaction, and then embezzled KRW 15,650,000 in total over 17 times from May 12, 2014, from that time, from that time, up to May 12, 2014, as shown in attached Table 2.
2. From December 2005, the Defendant, in occupational breach of trust, includes the management of company funds as the representative director and the actual operator of the damaged person E, a company, who is in the Namdong-gu Incheon Metropolitan City D from around December 2005.