Defendant

A Imprisonment for one year and each of the defendants B shall be punished by imprisonment for eight months.

However, the period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

The Defendants were about 10 years ago, who had been in an internal relationship. In order for Defendant A to pay the personal borrowed money from Defendant B, the Defendants made a false entry of Defendant B as Defendant B’s representative director with Defendant A’s employee and offered to pay the money for each month of the damage company’s funds.

Defendant

On April 3, 2012, A directed an employee E at the office of the victimized company located in Ulsan-gu D4, Ulsan-gu, and had the employee E be registered as the employee of the victimized company, and around May 3, 2012, A transferred KRW 2,148,120 as the salary for the Defendant B’s account. Defendant B received it and used it for living expenses, etc., and received KRW 115,468,340 in total over 56 times from around that time to November 7, 2016, as shown in the annexed crime list, from around 2012.

Accordingly, the Defendants conspired and embezzled 115,468,340 won of the company's funds.

Summary of Evidence

1. Defendants’ legal statement

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes to a copy of a bankbook, a statement of payment of daily labor expenses, and a statement of deposit transactions;

1. Article 355 (1) of the Criminal Act applicable to the facts constituting an offense / [Selection of imprisonment]

1. Although the reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution do not specify the amount of the instant embezzlement for the reason of sentencing, and is not good in light of the motive, method, etc. of the crime, the Defendants did not have any special criminal history, and the victimized company has already discontinued its business, the victimized company was holding 70% of the Defendant A and the Defendant F, the former interest of the said Defendant, 30% of the shares, but after the instant case, Defendant A acquired all the F-owned shares. After the instant case, the conciliation was formed between Defendant B and F, each type of punishment such as the Defendant’s age, occupation, sex, family relationship, living environment, circumstances leading to the crime, and circumstances after the crime, etc. is determined by taking into account the following factors.