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

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

From January 2010, the Defendant was operating C (hereinafter “C”) a company that manufactured and sold the destroyed spacter for medical use from around January 201, and the victim D Co., Ltd. (hereinafter “victim D”) was established for the purpose of wholesale and retail business of medical devices and equipment, and E is currently serving in the victim company as a person who entered into an agency contract with C while working in F.

On March 25, 2014, the Defendant received a request from the above E to succeed to the sales agency contract entered into with F from the victim company. On March 25, 2014, the Defendant changed the manufacturing cost of “E” (the equipment supplied at a hospital to temporarily use the equipment to identify performance, etc. prior to the decision to purchase medical devices) KRW 20 million. The Defendant is to manufacture and supply mobile equipment to sell the destroyed machine to the hospital, and to conclude an agency contract with the victim company.” On April 23, 2014, the Defendant would supply the victim company office located in Seo-gu Seoul Special Metropolitan City, with the victim company’s name so that the contract deposit can be sold to the hospital if the contract deposit is concluded with the victim company, and return the contract deposit by 10% upon termination of the agency contract.

The amount of KRW 20 million already received was paid as the cost of manufacturing mobile equipment, and thus, the contract deposit of KRW 66 million is changed. The remainder is to be settled at the time of supply.

However, in fact, the Defendant had already been holding the mobile equipment so it was not necessary to bear manufacturing costs, while operating C, and the liabilities of financial institutions, such as a new bank accumulated from around 201 to around 2013, including a new bank, etc., have reached approximately KRW 300 million, and not only the unpaid amount of KRW 100,000,000, but also the unpaid amount of KRW 4,000,000,000,000,000 won.