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Defendant shall be punished by imprisonment for a term of one year and six months.
Reasons
Criminal facts
The Defendant is a person who operated C from August 28, 2012 to June 2015.
1. From August 28, 2012, the Defendant, as a representative director of the Victim C Co., Ltd., Ltd., located in Ulsan-gun, Ulsan-gun from August 28, 201, has been engaged in the business of managing the victim’s funds while controlling the victim’s business.
While the Defendant kept the funds of the victim in the company bank account (Account Number: E) in the name of the victim, he had the intent to embezzled the funds of the victim when the victim was in a default situation, such as the unpaid amount of 680,000,000 won to his customer, etc., and transferred the funds from the above account to the parallel account (Account Number:F) in the name of the Defendant on April 8, 2015, 50,000 won to the G bank account. On April 10, 2015, the Defendant arbitrarily used the funds of the victim, and transferred the remainder of 115,000,000 won to the bank account (Account Number:H) in the name of G on April 10, 2015, the Defendant voluntarily used the funds of the victim in cash and voluntarily used the funds of KRW 15,00,000,000 to the G bank account (Account Number).
Accordingly, the defendant embezzled the victim's property.
2. From November 2014, the Defendant was placed in a situation where inventory is considerably large and difficult to settle the price of goods because he/she failed to supply goods produced by the said company smoothly. From the end of February 2015, the order issued by the J, which is the main transaction partner, was rapidly reduced, and thus, the Defendant did not have the intent or ability to pay the price even if he/she received the materials from the transaction partner.
A. On March 2015, the Defendant would pay the price if the Defendant supplied the Defendant’s representative L of the Victim K with “A” as a component of shipbuilding equipment to the Defendant’s company at the office of the Defendant’s company located in Ulsan-gun, Ulsan-gun, Ulsan-do.
Along with the end of the year from March 31, 2015, the Defendant was supplied with the “working price” equivalent to KRW 3,239,291 from March 31, 2015.
B. On March 23, 2015, the Defendant is a victim company at the above office of the Defendant.