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Defendant
The imprisonment with prison labor for A shall be one year and four months, and the imprisonment with labor for Defendant B shall be ten months, respectively.
except that this shall not apply.
Reasons
Punishment of the crime
Defendant
A is a person who has the duty to perform duties for the benefit of the victimized company for the benefit of the victimized company, such as managing documents and computer systems so that the items, quantity, and price of goods sold by the victimized company and receiving the prices of goods sold by the victimized company, while working as the director of the business support team of the victimized Company D (hereinafter “victim”) in Hong-gun, Hong-gun from February 2017 to August 2019, while engaging in the sales and collection of goods of the victimized company, and receiving the prices thereof. Defendant B is a person who operates the agency fund of the victimized company in Nam-si from around 2017 to August 2019.
1. Around January 17, 2018, Defendant A’s occupational embezzlement: (a) at the office of the victimized Company’s business entity around January 17, 2018, Defendant A used KRW 42,881,00,000, total sum of the amount of money received as a business for the victimized Company for personal purposes, such as entertainment expenses, from a golder Company H; and (b) around that time, Defendant A arbitrarily used the damaged Company’s personal purposes, such as entertainment expenses, for the said personal purposes as indicated in the attached list of crimes (1) from the day to August 9, 2019.
Accordingly, the Defendant embezzled the total sum of KRW 42,881,00,000, which was in custody for the victimized company.
2. On August 13, 2018, the Defendants conspired to place an order for 14 Kim Smart 14 (one set of Kim 125 boxes) to the damaged company at the above F office and received the delivery thereof, and Defendant A violated the duty to conduct business for the victimized company and thereby Defendant A got off the transaction statement and delivery order ordered by Defendant B and removed electronic data so that the victimized company could not claim for the payment, thereby allowing the victimized company to obtain property profits equivalent to 23,245,250 won at the market price from that time.