A defendant shall be punished by imprisonment for four years.

Punishment of the crime

The defendant of "2017 High 293" is the representative director of victim D Co., Ltd., a drug wholesale company, who exercises overall control over all the affairs of the above company.

On October 2014, the Defendant aggravated the business performance of D Co., Ltd. (hereinafter “victim”) operated by the Defendant due to a delay in the import of drugs that the Defendant intended to sell on or around October 2014. As such, the Defendant lent an electronic bill issued in the name of the victimized Company E and F, in which cash conditions or issuance of bills is difficult, and E and F, by borrowing the electronic bill of the victimized Company from the damaged Company, purchased the electronic bill at a discount in cash, sold the goods at a discount, and wired the bills to the current account of the victimized Company for the maturity of the bill. In return, the Defendant made an oral agreement to pay a certain percentage of the proceeds from the sale of the goods to the victimized Company.

However, only when E/F’s settlement closing time of bills is imminent, the Defendant has lent bills to him/her and got stressed once because there is almost no payment of proceeds from sales of the agreed goods.

On June 30, 2015, the Defendant, at around 12:02, remitted KRW 258,643,246 to the payment of the Promissory Notes, did not use the Promissory Notes as the payment of the Promissory Notes, did not use it as the payment of the Promissory Notes, and used it to flee to a foreign country with the said money.

At around 15:39 on the same day, the Defendant, at the damaged company office located in the third floor of Dongdaemun-gu Seoul Metropolitan Government G Building, embezzled the full amount transferred by F to the bank account (H) account in the name of the victimized company for the settlement of bills by transferring the entire amount transferred to the Defendant’s national bank account (I) for the victimized company, and embezzled it by transferring E, at around 15:55 on the same day, to the said account in the name of the victimized company for the settlement of bills, at KRW 750,000,000, which E transferred to the said account in the name of the victimized company.