A defendant shall be punished by imprisonment for not less than eight months.

Punishment of the crime

The Defendant is a person who served as the representative director of the victim corporation D Daegubuk-gu, Daegu-gu, the main office of which is located in Suwon-gu, Daegu-gu, from October 11, 2012 to September 2013, and managed the overall business and funds of the said corporation.

On January 30, 2013, the Defendant voluntarily withdrawn 60 million won in the form of provisional payment, while managing the accounts of the victim corporation (Tgu Bank E) for the victim at the principal office of the said corporation around January 30, 2013, and used it for the opening of the business of the D SY, which the Defendant had decided to operate separately, as the funds for the opening of the business of the victim.

9. Around December of the same month, around 50 million won in the above victim’s account; around 23th of the same month; around 27th of the same month; arbitrarily withdrawn KRW 80 million from around the same month; and embezzled KRW 210 million in total using the Defendant’s personal operating fund as the Defendant’s operating fund.

Summary of Evidence

1. Partial statement of the defendant;

1. The respective legal statements of H and G;

1. Each prosecutor's protocol concerning the suspect interrogation of the accused (including the part concerning H's statement);

1. The Defendant asserts that there was no intention of embezzlement since he/she borrowed 60 million won as provisional payment with the consent of H around January 2013, the shareholder list, the president of each account, the statement of adjustment of interest on the provisional payment, and the business registration certificate (D) [the Defendant borrowed 60 million won as provisional payment with the consent of H around January 2013, and that there was no intention of embezzlement since he/she withdraws 150 million won as provisional payment with the implied consent of H around September 2013.

On the other hand, if the representative director of a company withdraws and uses large company funds for any purpose other than expenditure for the company for the purpose of provisional payment, there is no agreement on interest or maturity for the use thereof, and if it does not go through legitimate procedures such as approval of the board of directors, it can be deemed that the company's assets are constitute embezzlement as it goes beyond the generally acceptable scope, and it is nothing more than arbitrarily lends and disposes of company funds for the private purpose by using the status of the representative director, etc. (see Supreme Court Decision 2003Do135, Apr. 27, 2006, etc.).