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Defendant
A Imprisonment with prison labor of one year and six months, and Defendant B shall be punished by imprisonment with prison labor of ten months.
provided that this ruling has become final and conclusive.
Reasons
Punishment of the crime
Defendant
A has been working as the head of the above company management team since around 2009 and has been in overall control over the fund management affairs, such as account management and settlement affairs of the above company.
Defendant
B has been in charge of fund management, such as account management, settlement of accounts, entry and withdrawal, etc. of the company from the time when he/she entered the company around 2007.
1. The Defendants’ joint criminal conduct (Occupational Embezzlement) takes charge of the management of funds as the head of the management team of the above company, and the Defendant A is in the position of a person who actually keeps and executes several bank accounts, such as corporate seal impressions and our bank accounts, and deposits, etc. deposited in the above bank account. Defendant B is in the position of a person who actually takes charge of the management team personnel belonging to the management team of the above company and takes charge of the affairs related to funds and accounts such as preparation of an accounting table for the company’s execution of funds, execution of deposits and withdrawals through Internet banking, entry of account books (entry of account books), settlement of accounts, and settlement of accounts. In particular, with regard to the execution of funds, he is in the position of checking the company’s account for all trading banks through Internet banking, and
The Defendants conspired to make up for embezzlement by withdrawing and transferring the company’s funds by making a false statement in the daily financial status and the plan for supply and demand of funds, using the fact that the company grasps only the daily financial status and the daily financial supply and demand of funds without confirming the balance of the passbook.
Defendant
A On January 6, 2010, 5,000 won, which is part of the money deposited in the account of the above company's bank and used for the Defendant's stock investment by withdrawing money deposited in the account of the above company's bank, is Internet banking.