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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
1. The embezzlement Defendant and his spouse suggest that the victim C establish a motor vehicle parts-related factory. The victim invested funds, and the Defendant decided to conduct the business in a way of operating the factory by having the aforementioned equipment installed with the aforementioned money and having a day-to-day leave, and then received 100 million won from the victim to the IBK Enterprise Bank Account (D) account in the name of the Defendant on June 29, 2017.
On June 30, 2017, the Defendant, in collusion with B, extracted KRW 2 million in cash and arbitrarily used for living expenses, personal debt repayment, etc. among KRW 100,000,000,000, which were kept in custody by the victim as business funds, from around September 12, 2017, and embezzled KRW 74,080,40 in total five times until September 12, 2017.
Accordingly, the defendant embezzled the victim's property in collusion with B.
2. At the time of embezzlement, the Defendant, at the time of racing, was in charge of the operation of the victim company as a director of the victim company F (hereinafter “victim company”).
Around September 13, 2017, the Defendant found the residence of C, a director of the victim company in G, on the following occasions: (a) requested C to pay the money to the H-related person who is a trader; (b) received KRW 15 million from C to the IBK Bank account in the name of the said Defendant’s name; and (c) transferred the money to the IBK Bank account in the name of the said Defendant for the victim company; and (d) transferred the money to the IBK bank account in the name of the victim company in the course of its business custody on behalf of the victim company, and used it on his/her own discretion for living expenses and personal debt repayment, etc., as described in the attached Table No. 6 and No. 7.
B. On September 29, 2017, the Defendant for occupational embezzlement with respect to a robot security loan does not exceed the start-si of the racing around September 29.