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A defendant shall be punished by imprisonment for one year.
Reasons
Criminal facts
From March 2009, the Defendant, along with the operation of laundry establishment in Gangnam-gu Seoul, established a laundry factory in G in the case of strike by investing their own funds or in kind with D, E, F, etc., and then promoted the specialized laundry business for the company.
Accordingly, around February 201, the Defendant established the Victim H with investors, such as the above D, and served as the representative director of the victim company from that time until June 2012.
1. The Defendant, while investing in kind the laundry facilities, etc. of the said laundry establishment in the above business, demanded cash compensation for H’s trade name, etc. as a intangible value. However, while the Defendant established the victim company and promoted the business under the status that the remaining shareholders did not receive specific payment commitments from the remaining shareholders as to whether to compensate in cash, he/she raised a complaint on the ground that the rest of the shareholders did not harm the cash payment. As such, the Defendant, as if he/she paid the expenses related to the establishment of the said laundry establishment, was able to receive the payment of the company fund and receive it back to the company fund.
Accordingly, on September 16, 2011, the Defendant supplied laundry machines to the victim company, and pretended to pay the machinery cost to the representative of the I company that had been engaged in the said laundry Factory installation, and wired KRW 100 million to the J account, and immediately returned KRW 100 million to the Defendant’s account through the National Bank Account (L) in the name of the Defendant’s wife, and, on December 22, 2011, remitted KRW 120,000 to the J account under the pretending that the Defendant would have paid the machinery cost to the Defendant’s wife, and immediately returned KRW 100,000,000 from the above J’s account through the bank account (M) in the name of the Defendant’s entire deposit and personal living cost, etc. around that time, embezzled KRW 20,000 through two times.
2. Other embezzlement of funds.