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Defendant
A shall be punished by imprisonment with prison labor for a year and four months, and by imprisonment for a term of eight months.
Reasons
Punishment of the crime
Defendant
B The representative director of the F Co., Ltd. (hereinafter “victim”) established on August 3, 201 for the purpose of exhibition planning, performance planning, and production work in Jongno-gu Seoul Etel 632, and the Defendant A as a director in charge of the financial affairs of the said company, and is a person who has been in charge of the financial affairs of the victimized company.
During the process of carrying on the business from around G from around 2008 to hold exhibitions, the Defendants borrowed KRW 300 million on December 9, 201, on the condition that, inasmuch as there was a lack of advance payment for the royalty, H, I et al. were incorporated with H, I et al. to have the victimized company carry out a joint and several guarantee insurance, the Defendants borrowed KRW 300,000 on the condition that the selling of the exhibition admission ticket is given at the time of Muscom Co., Ltd.
1. Joint crimes committed by the Defendants
A. On December 9, 2011, Defendant B transferred KRW 300,000 to the new bank account in the name of the victimized company (J; hereinafter “corporation account”) and kept in the course of business for the victimized company under the name of the victimized company. On the 20th day of the same month, Defendant B had Defendant A transfer KRW 8 million from the corporate account to the Internet bank account in the name of the Defendant B by means of Internet banking, and had Defendant B directly wired KRW 51,00,000 in total over 12 times from April 25, 2012, or had Defendant B use the personal funds for the purpose of personal use after he/she voluntarily wired the funds for the victimized company.
As a result, the Defendants conspired and embezzled the company's funds for business purpose.
B. Defendant B, on December 9, 201, transferred KRW 300 million to the corporate account from Madice Co., Ltd. to the corporate account and kept in business for the damaged company, using a cash withdrawal machine on the 17th of the same month.