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Defendant
A shall be punished by imprisonment for six months, by a fine of 5,00,000 won.
Defendant
B The above fine.
Reasons
Punishment of the crime
[criminal record] On May 26, 2017, Defendant A was sentenced to one year of imprisonment with prison labor and two years of suspended execution for the crime of bribery at the Suwon method, and the judgment became final and conclusive on November 6 of the same year. On November 24, 2017, Defendant A was sentenced to one year of imprisonment with prison labor and two years of suspended execution, and the judgment became final and conclusive on June 30, 2018.
[2] Defendant A, from April 2, 2003, served as the representative director of the Victim J (hereinafter “J”) from around April 2, 2003 to the date in charge of overall management such as personnel management and fund management of the above company. Defendant B, from March 11, 2002, operated K Co., Ltd. (hereinafter “K”) from around March 11, 202.
1. Defendant A
A. From July 14, 201, the Defendant embezzled KRW 3,140,50,00, more than the amount of goods to be actually paid by the J office located in Songpa-gu Seoul Metropolitan Government, and then returned in cash, and used it for personal purposes, such as living expenses and street funds, around that time, and then embezzled KRW 111,626,250 from March 10, 201 to March 10, 201.
B. Around July 11, 2014, the Defendant embezzled the total amount of KRW 99,81,780,780 of the funds of the victimized company, which was in possession of business, as shown in attached Table 2, from the time on November 23, 2015, by making an excessive payment of KRW 5,530,00,00, to the Mountainous District Corporation located in Seocho-gu Seoul Metropolitan Government, through N, a senior managing director, in cash, and then returning it in cash, and using it for personal purposes, such as living expenses, street funds, etc. at that time.
(c)
On July 26, 201, the Defendant’s useful profits, such as selling price of the company’s property, etc., is closed through N, which is the J General Management Director, in the P construction site located in the Chungcheongnam-gun, Chungcheongnam-do around 201.