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Defendant
B A person shall be punished by imprisonment for two years.
However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
Defendant
B as the representative director of the Dispute Resolution Co., Ltd., in charge of the overall management of the funds of the victim company, in order to use the funds for personal purposes, such as gambling funds, expenses of the trust, transaction parties, entertainment expenses, etc., he has been willing to embezzled the funds of the Dispute Resolution Co.,
1. Around November 30, 2010, the Defendant, through a withdrawal of the provisional payment name, voluntarily used KRW 3,60,000,000,000,000,000 from the LAC office in Seo-gu Incheon Metropolitan City, for the purpose of the victim by withdrawing the funds of the LAC office in the FB bank account in the name of the Defendant, and then arbitrarily used KRW 3,535,361,851 in total by the following methods until May 12, 2017, as shown in Appendix I, from the time to May 12, 2017.
2. In a case where it is deemed that there is no concern about substantial disadvantage to the defendant’s exercise of his/her right to defense in light of the progress of the trial within the scope consistent with the facts charged, the court of embezzlement by means of false appropriation of personnel expenses may, even if the indictment was not modified, recognize ex officio the facts charged different from the facts charged as stated in the indictment. In such a case, if the indictment is not punished for the reason that the facts charged do not seem to have been modified for the reason that compared with the facts charged in which the indictment was instituted, it would be remarkably contrary to the justice and equity in light of the purpose of the criminal procedure, i.e. prompt discovery of substantial truth by due process, if the indictment was not modified, the facts charged should be recognized ex officio (see Supreme Court Decisions 2003Do1366, May 13, 2003; 2005Do9268, Apr. 13, 2006; 2010Do2414, Apr. 29, 2010).
. cannot be considered.