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Defendant
A Imprisonment of 4 years, 2 years and 6 months, and 3 years and 1 year and 6 months, respectively, shall be punished by imprisonment of 1 year and 6 months.
Reasons
Punishment of the crime
Defendant
A worked as a member of the victim H corporation located in Busan District from February 1, 2001 to January 5, 2013 (hereinafter “victim company”); and Defendant B served as a member of the victim company from February 1, 2003 to January 5, 201, and was engaged in the joint gold sale and collection business of the victim company; Defendant B was engaged in the joint gold sale and collection business of the victim company from February 1, 2003 to January 5, 201; Defendant C was in charge of the joint gold sale and collection business of the victim company from August 2007 to January 18, 201; Defendant D was in charge of the management business of the victim company from May 14, 201 to December 30, 201 to the management director of the victim company; and Defendant B was in charge of the management business of the victim company’s public funds from the transferee company to the management director of the victim company from February 20 to December 30, 2016.
1. Defendants D’ occupational breach of trust, as the managing director of the victim company, has occupational duties to accurately report the stock quantity of joint gold products held by the victim company to the representative director, etc., and prevent business employees, including Defendant A, etc. from arbitrarily disposing of the joint gold products. Defendants A, B, and C have occupational duties to not arbitrarily dispose of the joint gold products kept by the victim company as a business employee of the victim company.
Nevertheless, Defendant A, B, and C have voluntarily brought about the joint goods kept by the victim company and voluntarily used them, and they have been made to the representative director of the victim company J as if the joint goods remain in stock were falsely reported as if they were in stock. Defendant A voluntarily disposed of the joint goods equivalent to KRW 266,92,00 as indicated in the list of crimes (1) between December 2006 and July 201, and Defendant B.