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Defendant
A shall be punished by imprisonment with prison labor for three years, and by imprisonment with prison labor for one year and six months.
However, Defendant B and C.
Reasons
Punishment of the crime
Punishment of the crime
Defendant A, as the representative director of the victim D Co., Ltd. (hereinafter “victim”) established for the purpose of manufacturing, selling, and disposing of construction wastes from around December 1999 to April 30, 2016, was in charge of overall accounting management and business operations. Defendant B, while serving from around 2001 to April 30, 201, was in charge of accounting affairs; Defendant C, while serving from around 201 to around 30, 201, was in charge of the counter business affairs and the counter business affairs. Defendant C, while serving from January 1, 1992 to June 201, 201.
1. In around 2008, Defendants A and B conspired to draw up an advance payment (non-funds) by failing to enter the execution details in the cash receipt and disbursement statement or by falsely entering the execution details in the bank account (G and H) in the name of Defendant A, a bank account in the name of the victim bank account (G and H) in the bank account in the bank account in the name of the victim bank account, which is the account of the victim company’s account, at the office of the victim company located in Yeongdeungpo-gu, Jung-gu, Seoul. In order to draw up an advance payment (non-funds) in the middle of sales and construction waste disposal.
Defendant
A around January 4, 2008, at the victim company’s office, instructed Defendant B to “B to withdraw money from the company’s sales account as he is in need of advance payment and request 400 to 5 million won per month.” Defendant B, without normal accounting, made a deposit slip and made a withdrawal of KRW 1,840,000 from the F bank account (G) with the seal imprint of the passbook affixed by Defendant A and made a withdrawal of KRW 1,840,00 from the F Bank account (G) with the seal imprint affixed by Defendant A, and created advance payment by withdrawing KRW 2,936,042,254 in total from that time to January 8, 2016 without normal accounting and without permission.
Defendant
B shall be kept in custody for the sake of the victim company on February 11, 2008.