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Defendant
A shall be punished by imprisonment with prison labor for six months, and imprisonment with prison labor for ten months.
However, for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
Defendant
B A worked as the representative director of D Co., Ltd from April 7, 2008 to February 2013, 2013, and Defendant A works as the management director of the said Co., Ltd from May 2010 to February 2013, and is a person who was in charge of the management of the said Co., Ltd.
The Defendants entered into a contract to re-subcontract installation works of field machinery in F amounting to KRW 600,00,000,000 for the subcontracted construction works from E Industrial Water Treatment Business chain Co., Ltd., and concluded a contract to re-subcontracted construction works of site machinery in F. The Defendants paid the construction price exceeding the actual construction price to F, and raised the funds by receiving the difference, and recruited to use it for personal use
Defendant B, upon the conspiracy of the crime as above, embezzled KRW 50,000,000, out of the construction price paid to F on January 11, 2012, after being returned to the City Bank account under the name of the Defendant, and was in custody for D Co., Ltd., by using it for the following purposes: (a) 10,000,000 won on February 20, 2012; (b) 20,000,000 won on March 15, 2012; and (c) 20,000,000,000 won on May 10, 2012; and (c) 10,000,000 won on the same method; and (d) used it for the storage of D Co., Ltd. without compensation.
Defendant
A, among the construction cost paid to F, around June 30, 201, returned KRW 3,600,000 to the post office account under the name of the Defendant and was in custody for D Co., Ltd., the amount was voluntarily used for the following purposes: 15,00,000 won on January 11, 2012; 20,000,000 won on February 20, 2012; 10,000,000 won on February 20, 2012; 10,000,000,000,000,000,000 on March 15, 2012; and 10,000,000 won on May 10, 2012; and 608,600,600,000 won at his/her own discretion, and embezzled by using the same method.
Accordingly, the Defendants conspired and embezzled the total amount of KRW 168,600,000 on behalf of the victim D Co., Ltd. in the course of business.
Summary of Evidence
1. Defendants’ respective legal statements
1.With respect to G and H, respectively.