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1. Defendant A shall be punished by imprisonment with prison labor for a year and two months;
However, the above punishment shall be imposed for three years from the date this judgment becomes final and conclusive.
Reasons
Criminal facts
Defendant
A operates a “D Co., Ltd.” established for the purpose of real estate transaction, etc. from August 27, 2007 to a person who has overall control over the company’s business, and Defendant B was a person who has overall control over the company’s business from August 27, 2007 to May 2008.
1.(a)
Defendant
A around October 29, 2007, at the office of the victim “D Co., Ltd.,” in Gwangju-gu, the victim’s “D Co., Ltd.,” made at will transfer KRW 15750,000,000,000,000,000, out of the funds kept in the victim’s agricultural account to F for loan to F for the victim. From that time to March 26, 2008, A embezzled all the victim’s public funds as stated in [Attachment 1,3,4,4,5,6, and 7] No. 1,3,4,5,000,000,000, in total, for six times, under the pretext of loans not related to the victim’s business, and used them as loans.
B. Defendant B, with knowledge of the fact that Defendant B would use the victim’s public funds for a purpose not related to the company’s business, as described in the above paragraph (a), was remitted KRW 15.75 million out of the public funds kept in the victim’s agricultural cooperative account to the Agricultural Cooperative account in F. From around that time to March 26, 2008, Defendant B aided and aided and abetted A’s embezzlement by remitting the total amount of KRW 13,865 million to the account designated by A or disbursing it for a purpose directed by A, as described in attached Table Nos. 1, 3, 4, 5, 6, 7 from that time to March 26, 2008.
2. Around November 29, 2007, Defendant B transferred KRW 6 million out of the public funds kept in the victim’s agricultural account to the agricultural bank account in the name of G for the victim at the place indicated in the above paragraph (a), and embezzled from Gwangju Japan by using them for the purpose of living expenses, etc.
Summary of Evidence
1. Each of the Defendants’ respective legal statements