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Defendant
A and B shall be punished by imprisonment with prison labor for four years, and by imprisonment with prison labor for three years.
However, the defendant C is subject to objection.
Reasons
Punishment of the crime
Defendant
A From April 30, 2009 to March 30, 2012, A works as the victim's lot shopping company's department H business general employee, and was engaged in marketing (DM) service companies and the settlement of service costs. Defendant B is the representative director of I Co., Ltd., a company related to marketing (DM) traded with department store H, and Defendant C is the vice president of I Co., Ltd.
1. Defendant A had a duty to take necessary measures to prevent damage to the victim company, such as checking whether there was any falsity or exaggeration in the unit price, items, quantity, total amount, etc. when settling accounts related to marketing (DM) service contracts between H and the corporation, and paying reasonable service charges. In the event of knowing the fact that the service charges were claimed excessively, Defendant A had a duty to inform other employees and the successor of such fact so as not to excessively settle the accounts.
Nevertheless, the Defendant: (a) had I Co., Ltd. receive an excessive amount of service fees from the victim company; (b) had I paid some of them to B; and (c) had C pay the remainder of 77% of the income tax on the part of the claim via C to B via C in the mutual unclaimed restaurant located in Daegu Dong-gu, Daegu-gu, on April 2010. The Defendant said that “I would pay the remainder of 77% of the income tax on the part of the claim, excluding the remainder of the income tax on the portion of the claim.”
B The facts of May 16, 2010 are as follows: (a) although normal service charges amounted to KRW 1,264,450, the service charges amounting to KRW 8,984,350 are calculated; (b) the service charges are collected in a way that the items are added to H or the quantity and unit price are added to H; and (c) the Defendant is deemed to have claimed the service charges normally.