A defendant shall be punished by imprisonment for three years.

Punishment of the crime

The Defendant, as the representative director of the Victim D Co., Ltd. (hereinafter referred to as “victim Co., Ltd., and the former trade name before the change: E), has overall control over the overall affairs of the Victim Co., Ltd., including general affairs, personnel affairs, accounts

The Defendant, using a borrowed name account in the name of the victim’s executive officers and employees such as relative relatives, etc., deposited funds appropriated for false expenses, such as employee wages and subcontracting, and then withdrawn the funds, in order to use the funds of the victim’s company. On November 2005, the Defendant instructed the victim’s office located in the 11st floor of the Seoul Gangnam-gu Seoul Metropolitan Government FF building to handle the business affairs following the raising of such extra funds, and the Defendant conspired with G to embezzlement by accepting this.

Accordingly, from September 18, 2006 to July 12, 2010, G listed I who was the mother of the employee H of the victim company and did not have worked for the victim company as the employee of the victim company, and remitted 107,409,760 won in total to the account in the name of the employee to the account in the name of the victim company, and made the J of the accounting employee immediately withdraw in cash.

G from November 10 to March 12, 2012, from around November 10, 2005 to March 12, 2012, G created a total of KRW 4,335,853,143 by depositing staff’s benefits and subcontracted work cost, which are falsely stated in the name account, etc. as shown in the attached Table of Crimes List (1) and (2), and withdrawing them. The Defendant arbitrarily used the foreign capital for the purpose of the original company’s rebates and golf expenses, etc. while keeping it for business purposes through G.

Accordingly, the Defendant, in collusion with G, embezzled KRW 4,335,853,143 of corporate funds of the victim company.

Summary of Evidence

1. Defendant's legal statement;

1. Copies of each protocol of examination of the suspect against the accused, G, J, and K by the prosecution;

1. Each withdrawal statement and deposit slip, each account statement, each statement of account transactions, each general labor expense statement, each passbook copy, each promissory note copy, and each transaction party;