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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
Around March 2002, the Defendant was employed and worked for a personal company called ‘E for the purpose of the evasion of mines established and operated by D who had been living together with the military around March 2002, while establishing ‘E' separate from the above individual company on February 2, 2004, and was in the position of the head of the victim company. From around 2007, the Defendant was in the position of the managing director and was in charge of the business until October 11, 201, and especially from June 2004 to August 2007, the Defendant was delegated with D to manage the funds of the victim company by overall control and management of the funds of the victim company.
On July 5, 2004, the Defendant, while leading to the external business affairs, opened a national bank account in the name of F, the Defendant’s wife, with a view to leaving the fund management affairs entirely to the Defendant. On July 5, 2004, the Defendant had been willing to receive goods payment, etc. from the said customer as the passbook and deposit only part of them into the company, and embezzled the company’s funds by means of personal use.
1. On March 2, 2005, the Defendant arbitrarily consumed 148,750,000 won in total by the following methods from April 15, 2008, as described in the annexed Table (1) Nos. 2 to 12, as shown in the annexed Table of Crimes (1) Nos. 1 to 12, and embezzled 11 times in total, from that time, the Defendant received processed tax invoices from Customer H, and remitted 21,780,000 won to H, with the exception of the additional taxes.
2. On April 16, 2005, the Defendant received 700,000 won from a customer with no trade name known to the Defendant’s account in the name of a national bank account in the name of the Defendant’s wife for the Defendant’s company for the victim, and then voluntarily withdrawn it from a daily source in Seoul Metropolitan City and consumed it for personal purposes at that time, and thereafter, from that time until March 16, 2007, as shown in the list of crimes (2).