[Defendant A] Defendant A is punished by imprisonment with prison labor for three years.

However, the above sentence shall be executed for a period of five years from the date this judgment becomes final and conclusive.

Punishment of the crime

[2016 Gohap 92] (Defendant A) The Defendant is a managing director of the Victim F Co., Ltd. F (hereinafter “victim Co., Ltd.”) established for the purpose of civil engineering and construction business, who has overall control over the affairs of bidding, accounting, etc. of the said company.

1. On October 21, 2014, the Defendant, at the office of the victim company located in G at the original city, deposited the funds in the account (Account Number: Nonghyup H) in the name of the victim company in G, on behalf of the victim company, was kept for the business of the victim company, using the passbook and seal of the former representative director, withdrawn KRW 58,70,000 from the said corporate account, using the passbook and seal of the former representative director, and deposited the money in the agricultural bank account in the name of the Defendant’s name (Account Number:J) and embezzled it by voluntarily consuming it as living expenses, etc.

[2016 Gohap99] (Defendant A, B (share: 43.60% of shares) Defendant B (hereinafter “victim”) established K Co., Ltd. (hereinafter “Co., Ltd.”) along with Defendant A (26.53% of shares: 26.53%) on June 16, 1992. From around that time to October 15, 2014, Defendant B served as the representative director of the said Victim’s company, and Defendant A as the former director in charge of accounting of the said company.

2. Defendant B’s sole crime

A. On July 6, 2010, the Defendant embezzled the withdrawal of corporate funds, at the dong branch of the Won-ro 75-ro, Gangwon-si, Gangwon-si, the Defendant arbitrarily withdrawn KRW 261,680,60,00 from the corporate capital of the Plaintiff for the purpose of the purchase of the building under the Defendant’s Defendant’s wife’s name, and used the said money for the purpose of repayment of loans, etc. incurred in the purchase of the building under the Defendant’s wife’s name at around that time.

Accordingly, the defendant embezzled the property of the victim company in breach of his occupational duty.

B. On February 15, 2008, the Defendant embezzled the payment of personal insurance premium for corporate funds at the office of the N victim company of the Gangwon-gun N, Gangwon-do, and at the office of the NB on February 15, 2008, KRB life 316,130 won per month insurance premium and 688,438 won per month insurance premium.