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Defendant
A Imprisonment with prison labor for one year, and for two years, each of the defendants B.
However, this judgment is delivered to Defendant A.
Reasons
Punishment of the crime
Defendant
A is a person who was the representative director of (State) F, who is an importer of computer parts in E at the time of strike, and Defendant B is a former director of the said company.
1. From June 1, 201 to August 8, 2011, the Defendants received the price from the Victim (State)G, a trading company of (State)F, and then kept the amount equivalent to KRW 281,187,00 in the warehouse of (State) E, as shown in the List of Crimes No. 270H Monitoring 420, imported in China, and the victim Company requested the Defendants to provide A/S, as shown in the List of Crimes No. 201, the amount of KRW 281,187,00 in the market price of 1,821, as shown in the List of Crimes No. 270H Monitoring 20.
However, as at the time of F’s failure to settle accounts, etc. against financial institutions and other trading companies, the Defendants conspired to offer the above monitors, which are the ownership of the victim company under custody in the warehouse as security and to borrow funds. At that time, the Defendants embezzled the above monitors by arbitrarily disposing of them as security by providing them to I, the manager of H, who is a key company, as security.
2. On June 1, 201, at the State F Office, which is the same place as the above '1', at the time, the Defendants received advance payment from the victim company as a monitor price, the Defendants merely intended to use the advance payment for the repayment of the loan to H, settlement of accounts and payment of employee benefits to other transaction parties, etc., which is a key business operator, and imported monitoring from China, and did not have any intent or ability to deliver it to the victim company. However, the Defendants conspired to the J, which is the representative director of the victim company, to the effect that "(235,000,000,000 in advance for 270H 1,00,000, from China, will import monitors from China, and to the extent that they did not have any intent or ability to deliver it to the victim company." The Defendants received 234,90,000 won from the victim as an advance monitor around June 10, 2011, from that time to June 25, 2011>