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Defendant
A shall be punished by imprisonment with prison labor for four years and by imprisonment for eight months.
However, as to Defendant B, this shall not apply.
Reasons
Punishment of the crime
1. Defendant A serving as the president of the JA (hereinafter referred to as the “Association”) association from February 2, 2005 to April 201, 201. The Association is a non-profit organization established in 1964 with the aim of contributing to the protection of health of workers at the place of business, the promotion of industrial health, and the creation of a pleasant working environment through the promotion of academic research and technology related to industrial health, and has directed and supervised the overall affairs of the Association, such as financial affairs, etc., and K has been working for the said Association from April 2010 to August 2012.
From June 2009 to August 2009, the Defendant instructed L, who was the chief of the Association’s accounting office (the name of the office is changed to the finance management office) at the time, terminated three of the term deposit accounts of the Association, such as the Korean bank account (Account Number M) in which the Association funds were deposited, and transferred approximately KRW 5 billion in the aggregate deposited in the account to the outside of the Association under the name of the Association. On November 2009, the Defendant created a false slips and processed the accounts by making a false statement as if he repaid the Association’s purchase price obligations.
On April 26, 2010, the Defendant, in collusion with the above K, extracted KRW 157,500,000,000 deposited in the Korean Bank account (Account Number N) of the Association, which was in the business custody for the Association, and deposited in the O bank account (P) for the payment of personal investment money from that time to June 25, 2010, and embezzled all KRW 2,918,488 in total on eight occasions, as shown in the separate crime list, from that time to June 25, 2010.
2. Defendant B
A. The Defendant in breach of trust is an incorporated association from July 1, 201 to September 15, 201.