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Defendant
A shall be punished by a fine for negligence of KRW 2,000,000, and by a fine of KRW 1,000,000.
The Defendants respectively.
Reasons
Punishment of the crime
Defendant
A and Defendant B (A’s wife) agreed on around March 2007 to provide the above building equivalent to KRW 3 million monthly to the victim G (Defendant A’s Dong H’s wife) located in Bupyeong-gu Incheon, Bupyeong-gu, Incheon. The victim provided free of charge, and the Defendants operated the restaurant in the name of “I” in the above building and divide the profits therefrom by 50%. The victim and the above restaurant operated the restaurant in a partnership with the victim and the above restaurant, and engaged in the business of keeping the above restaurant revenues, etc., which are the property of the business.
1. From November 15, 2007, the Defendants conspired with the embezzlement of personal rent, embezzled KRW 70,000,000 from the said I restaurant used by the Defendants individually, and embezzled it with the proceeds of the above restaurant, which is the property of the business, in the manner of paying the proceeds of the above restaurant. From around that time to November 25, 2009, the Defendants embezzled the total amount of KRW 6,330,000 in the same manner as the attached list of crimes (except this No. 60,61,72 annually).
2. The Defendants entered the said K as an employee of the I restaurant without the victim who is a partner, and recruited to pay four premiums on behalf of the four occasions in order to enable K to receive four insurance benefits, even though Defendant A’s female and female K did not have worked as an employee at the above restaurant.
On November 1, 2012, at the above I restaurant, the Defendants disbursed KRW 158,290 under the name of four insurance premiums for K, and paid KRW 158,290 to the Health Insurance Corporation, etc. on the same name as around December 10, 2012, and embezzled KRW 316,580 in total as profits of the above restaurant, which is the property of the business, without permission of the victimized person.
3. The Defendants conspired to embezzlement personal debt repayment funds, and around May 22, 2014, the amounting to KRW 8,000,000 from the national bank account in which the said business property was deposited to the Defendant’s bank account in the name of the Defendant A.