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1. Defendant A shall be punished by imprisonment with prison labor for a year and six months;
However, the above punishment shall be imposed for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Criminal facts
1. Defendant A is an employee in charge of accounting of “G” in which the Defendant actually operated the victim E and F and the Defendant lent his name, who stored the company’s funds in the Nong Bank under the name of the Defendant, and used them for the settlement of wages and construction cost to employees.
On January 15, 2016, the Defendant transferred KRW 200,000,000, out of KRW 352,315,241, to a national bank under the name of the Defendant and an enterprise bank account in the name of the Defendant, and then withdrawn KRW 100,000,000, out of KRW 352,315,241, to a national bank under the name of the Defendant and an enterprise bank account in the name of the Defendant for the victims, from the above agricultural bank account under the name of the Defendant to the above agricultural bank account under the name of the Defendant, in order to use the funds of the said company in personal use. The Defendant transferred KRW 50,00,000,000 from the above agricultural bank account under the name of the Defendant to the above national bank account under the name of the Defendant, and then transferred KRW 250,000,000 to the above national bank account under the name of the Defendant, and then withdrawn KRW 250,000,00.
Accordingly, the defendant embezzled 350,000,000 won out of the corporate funds owned by the victims while on duty for the victims.
2. Defendant B
A. The Defendant, as stated in paragraph (1), knew that he/she has embezzled KRW 350,000,000,000 owned by the victim E or F, in breach of his/her duty, and subsequently, he/she could commit the crime of A by complying with A’s order to protect A’s funds embezzled and kept in his/her vehicle while accompanying A in the process of moving to another place by using a vehicle of a bank like paragraph (1).
B. The Defendant’s custody of stolen goods is the money embezzled by A upon request from A for the custody of KRW 340,000,000 out of KRW 350,000,000, embezzled from 350,000, which was embezzled by A, at ancient Dong-dong on the same day as paragraph (1).