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A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
From November 2002 to December 2, 2013, the Defendant had been working as the director in charge of accounting and director in the victim E-stock company (hereinafter “victim E-stock company”) as well as alcoholic beverages located in Seo-gu Daejeon, Daejeon from around November 2002, the Defendant managed the company’s funds as a person who managed the company’s funds as a representative director and the representative director’s personal account together with the victim company’s representative director’s personal account. In managing the company’s funds together, the Defendant was able to frequently enter and withdraw funds from the victim company’s account to the company’s personal account for the representative director’s personal account for the purpose of securing the management right. As such, the Defendant was willing to withdraw funds from the victim company’s account through the victim
1. On May 2010, the Defendant: (a) while keeping the funds of the Victim Company in custody at the victim Company’s office; (b) concluded a contract with the Defendant and F to purchase KRW 160 million from the shareholder G of the victim Company to a large of KRW 150 million; (c) transferred KRW 30 million out of the funds withdrawn from the victim Company’s account to the Defendant’s Han Bank account on or around the 25th of the same month to the Defendant’s Han Bank account; and (d) used it as the acquisition price of the shares taken over from G from May 20, 201; and (e) embezzled it in collusion with F by using the same method as the shares acquired to be paid by the Defendant to G from May 20, 201.
2. On September 6, 2013, while the Defendant was in the custody of the funds of the Victim Company in the course of business at the Victim Company’s office, the Defendant entered into a contract to purchase 11% of the company’s shares from the Victim H of the Victim Company with the amount of KRW 150,000,000,000 from the Victim Company’s Han Bank Account to the above F’s Han Bank Account, and then transfers the amount of KRW 150,000,000 from the Victim Company’s Han Bank Account to the said F’s Han Bank Account