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A defendant shall be punished by imprisonment with prison labor for not more than ten months.
Reasons
Punishment of the crime
On October 31, 2006, the Defendant, as the de facto representative director of the Victim C Co., Ltd (hereinafter “victim Co., Ltd”) established for the purpose of forest aggregate gathering business, etc., agreed to transfer the entire shares and management rights of the Victim Co., Ltd in return for the amount of KRW 100 million invested from D up to April 23, 2013, and thereafter, from that time, the Defendant is in charge of the overall business, etc., and D are in charge of management and fund management.
1. The Defendant’s embezzlement in relation to the passbook in the name of the victim company
A. On December 24, 2012, KRW 801,00,00, out of the funds in custody of a national bank in the name of the victim bank in the office of the victim company located in Geongsung-gun, B, 201, from the Defendant’s arbitrary transfer to F, is used for his private purpose;
B. On January 6, 2013, KRW 701,00,00, out of the funds kept in the passbook at the above victim company office, was arbitrarily remitted to the defendant F and used for his private use;
C. On January 17, 2013, at the above victim’s company office, KRW 3,001,00, out of the funds kept in the passbook of the above national bank, was arbitrarily remitted to the defendant’s ASEAN and used for his private use.
2. From April 23, 2013, the Defendant: (a) from around April 23, 2013 to around 2013, the Defendant: (b) had been in charge of funding management affairs of the Victim Company; (c) had concealed that there was a passbook in the name of the Victim Company; (d) had been transferred transaction proceeds of the Victim Company to the said passbook; and (d) had been charged with the Defendant for the use
Defendant,
A. On August 19, 2013, while keeping KRW 50 million for the sales proceeds of aggregate from the hydrogen industry from a limited liability company's office in the above victim's company, transferred to the Nonghyup Bank under the name of the victim company, the amount of KRW 50 million shall be deposited.