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A defendant shall be punished by imprisonment for not more than ten months.
Reasons
Punishment of the crime
The Defendant was released on September 30, 2014 and passed on November 24, 2014 while serving in prison after having been sentenced to imprisonment for one year and two months in the Jeonju District Court for embezzlement, etc.
"2018 Highest 470"
1. The Defendant, as a de facto operator of the Victim B Limited Company D Co., Ltd. in the Gunsan City, has overall control over the said company’s business operations and fund management. On October 24, 2016, when the company fund deposited into the company bank account in the name of the said company and kept it for the company, the Defendant embezzled KRW 36,700,000 by arbitrarily consuming the total amount of KRW 36,70,000 by the same method seven times from March 27, 2017, from that time, at the above company’s office around October 24, 2016, transferred KRW 2 million from the company account to the company E account operated independently by the Defendant from March 27, 2017.
2. Business embezzlement and occupational breach of trust against the victim limited liability company F, the Defendant, as the joint operator of the G victim limited liability company F, has been in charge of the business of the said company.
A. On June 21, 2016, while the Defendant deposited corporate funds into a bank account in the name of the said company and kept in the course of business, the Defendant embezzled KRW 57,104,30 by arbitrarily consuming the total amount of KRW 57,104,30 by the same method three times from August 24, 2017, as shown in the attached Table 2 of the Crimes List, in the H “I” Motor Vehicle Maintenance Station at the Sinsan-si, Sinsan-si (H), replacing the lines of personal car, and remitting KRW 90,000 from the said company’s account to the automobile Maintenance Station account.
B. On August 3, 2016, the Defendant in breach of occupational duty, despite using the corporate card in relation to the business of the above company, paid a fine for negligence of traffic offense of a private car with the corporate card at the Gun Police Station around August 3, 2016, thereby acquiring financial benefits equivalent to the same amount and causing damage equivalent to the same amount of the company.