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Defendant
A and B shall be punished by imprisonment for one year, by imprisonment for 10 months, and by imprisonment for 2 years, respectively.
Reasons
Punishment of the crime
Defendant
B A around April 2008, while working for the H Federation established to reduce the fees for credit card member stores (hereinafter “H”), a person who worked as a marketing director of the H established around that time for the profit-making business of the H, a non-profit organization, and worked as the chairman of the policy development committee of the H around March 2009. Defendant C served as the employee of the H “H” from January 17, 2009 and served as the representative director of the said company from January 17, 2009. Defendant A invested five million won in the said company to join the K’s “H” organization to become a member of the K’s industrial cooperative from April 3, 2009, and Defendant D made an investment in the said company on November 3, 2008, and started directly performing the business affairs of the said company after having become a member of the K’s association.
On the other hand, Defendant B, C, and A were engaged in the business of soliciting investors in their respective positions, regardless of their respective positions, and they deposited their investments into the corporate passbook of the said company and managed them through K as the secretary general.
1. Occupational embezzlements by Defendant A, B, and C;
A. On April 7, 2009, the Defendants: (a) made at the office of the above “H” in Geumcheon-gu Seoul Metropolitan Government L Building No. 810 to arbitrarily use the investment money deposited in the said corporate passbook of the victim (the victim) in order to terminate Defendant A’s bad credit standing; and (b) conspired with the Defendants who were in custody of the said passbook for the damaged company on or before April 7, 2009; (c) KRW 35 million as the borrowed money on or around May 26, 2009; and (d) embezzled KRW 10 million as the borrowed money on or around June 12, 2009, as the borrowed money.
B. On April 30, 2009, the Defendants conspired to give Defendant B the said amount of money to Defendant B at the above “H” office.