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1. The defendant shall be punished by imprisonment with prison labor for eight months;
2.Provided, That the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
From April 10, 2013 to May 10, 2014, the Defendant served as a management director of the victim D Co., Ltd. (hereinafter “victim Co., Ltd”) located in the Southern-gun Co., Ltd. (hereinafter “victim Co., Ltd”) and has overall control over the management and enforcement of funds of the Victim Co., Ltd.
1. The Defendant settled with the company body card in the name of the victim company and made payment of KRW 180,00 in the form of two bankbooks (E, F), two bankbooks (H, I), and three (J, L, and hereinafter “each of the instant financial accounts”) connected to the financial accounts in the name of the representative director of the victim company (hereinafter “each of the instant financial accounts”), respectively, while he/she kept the physical card in his/her business for the fund management of the victim company, and around April 16, 2013, he/she made payment in the body card in the name of the victim company with KRW 180,000,000 in the form of the victim company’s account, and made payment in the body card (H) with KRW 180,000 in the form of the victim company’s account with KRW 350,000,000 in the total amount of KRW 165,000,000 in [Attachment 1365,000 won” as stated in the Defendant 2531.
B arbitrarily consumed regardless of its use.
Accordingly, the Defendant embezzled the property of the victim company.
2. On April 12, 2013, the Defendant: (a) transferred KRW 100,000 from the Agricultural Cooperative (O) account under the name of the Defendant to the Agricultural Cooperative (O) account in the name of the representative director among the four passbooks in the name of the Defendant, which the Defendant had been on behalf of the victim company, at the office of the victim company located in Sungsung-gun Nam-gun, Namsung-gun around April 12, 2013; and (b) around that time, from that time to April 30, 2014.