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Defendants shall be punished by imprisonment for one year and six months.
However, with respect to Defendant B, for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. From 2002 to 202, Defendant A is the representative director of the company, which is a facility development company, such as plant engineering and fuel cell, to manage all the company's personnel affairs, accounting, and fund management, and Defendant B is the person who is in charge of the above company's management, and Defendant B is the person who is in charge of the above company.
2. From around 2010, the Defendants: (a) paid from around 2010 to the victim Co., Ltd. (hereinafter “victim Co., Ltd”) the amount of taxes, etc. to a trading company as a trading price; (b) returned the amount excluding taxes, etc. to the account in the name of the Defendants; (c) paid excessive wages to the employees of the victim Co., Ltd.; and (d) returned the Defendants’ accounts, etc. to the victim Co., Ltd.; or (d) raised funds by registering Defendant B and his family members who did not provide labor to the
A. Around January 20, 2015, Defendant A remitted KRW 25,575,000 from the victim company to the account in the name of G (corporate bank H) that is the trading company, and around the 21st of the same month, Defendant A had the said F de facto manager transfer KRW 22,080,000 after deducting taxes, such as corporate tax, from the above false transaction amount, to the account in the name of B (Korean Bank J) and returned a part of the said false transaction amount to the Defendant’s account in the name of B (Korean New BankK). A remitted part of said amount to the account in the name of the Defendant, and then remitted part of the remainder to B (Korean Bank M) to the account in the name of the Defendant’s husband, and consumed it for the personal purpose by withdrawing it in cash.
In addition, from January 15, 2010 to June 15, 2017, the Defendant: F (O), a trader of the victim company of the victim company, which is a trader of the victim company, in total of 604 times from around January 15, 2010 to June 15, 2017, as shown in the annexed crime list (1), (2) and (3), and (5).