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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 3 years from the date of the conclusion of the judgment.
Reasons
Punishment of the crime
1. While the Defendant, as the representative director of the Victim C Co., Ltd. (hereinafter “victim”) who is a business proprietor of the automobile parts manufacturing company in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, the Defendant: (a) took overall control of the business of management planning, personnel management, operation and enforcement of the said victimized company; (b) transferred the funds of the victimized company to the bank account in his/her or his/her name in the form of provisional payment; and (c) released the funds to use them for personal
On July 29, 2015, the Defendant instructed D, an accounting officer, to the effect that “on deposit of money with a bank account under the name of the Defendant’s wife,” and embezzled KRW 2,100,000, the ownership of the victimized Company, which was in his/her business custody, to the corporate bank account (E) in the name of the Defendant’s wife, and then withdrawn the money and consumed it for the purpose of living expenses. From the above date to October 31, 2017, the Defendant used the money for the purpose of living expenses in 22 times in total, as indicated in the “Crimes List” in attached Form 2, as seen above, for the victimized Company’s total sum of KRW 236,20,000, a total of the ownership of the victimized Company, which was in his/her business custody, for the purpose of the victimized Company over 22 occasions.
2. On February 9, 2017, the Defendant: (a) around March 27, 2018, due to the power of attorney on the preparation of an authentic deed of debt issued to D, an employee C, a Co., Ltd., the Defendant received a seizure and collection order with respect to the above company’s claims; (b) filed a lawsuit of demurrer against the above order on April 6, 2018; and (c) instructed D to prepare and submit a false statement of complaint as if D voluntarily prepared the said power of attorney and authentic deed.
On April 12, 2018, the Defendant, in collusion with G, a notary public corporation, located in the Gunsan-si court, 70, at the former Gun Office of the Gun Office of the District Prosecutors' Office, and at the office of notary public, located in Daejeon, around February 9, 2017.