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Defendant
A Imprisonment with prison labor for two years and for two years and six months, respectively.
However, as to Defendant A, this shall not apply.
Reasons
Punishment of the crime
Defendant
B As the representative director of F Co., Ltd. (hereinafter referred to as “F”), who is a fire-fighting facility company on the level E and 8 of net City E, a person in charge of all business affairs of the company, and Defendant A is the executive director of the above company, and Defendant B is a person in charge of all business affairs of the company.
"2016 Gohap 198"
1. Joint crimes committed by the Defendants
A. From January 2, 2013 to December 5, 2013, the Defendants conspired with the victim F office, withdrawn KRW 14 million in cash from the victim G bank account under the victim’s name for the purpose of paying provisional payments, and used KRW 4 million among them for personal purposes, and then withdrawn KRW 190,543,806 in total 34 times from July 20, 2012 to December 5, 2013 as shown in attached Table 1.
As a result, the Defendants conspired and embezzled the property of the victim in the course of business.
B. On February 7, 2013, the Defendants conspired to commit a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) and merged with QU on September 2015, hereinafter “R bank”.
The name of the bank shall be used as it is at the time of the crime.
From February 7, 2013 to August 21, 2013, the victim I bank and the victim I bank entered into a factoring transaction agreement on the condition that they purchase up to 2.5 billion won within the limit of 100 billion won in total amount of FF transaction claims.
around April 25, 2013, the Defendants deceptiond the victim by submitting an application for transfer and purchase of credit to the victim L in charge of the construction work, along with an electronic tax invoice indicating the above sales credit and a construction contract, even though the Defendants had already been paid KRW 73,804,50 (the nine initial K-Newly established business) by the JJ of the said bank, and the amount of KRW 72,783,840 to the I bank account in the name of the victim.