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A defendant shall be punished by imprisonment for two years.
Reasons
Punishment of the crime
On March 1, 2003, the Defendant entered the victim C Co., Ltd. in Gwangju Mine-gu Office as a business employee. On April 201, 201, the Defendant was on December 23, 2016, while serving as the president of the Gwangju Mine Office, engaged in product management of the victim company and in collecting the price, and retired on December 23, 201.
1. On July 2007, the Defendant: (a) deducted products, such as “D,” etc. kept in the Gwangju store in order for the victim company to sell them to customers from the Gwangju place of business; (b) around July 2007.
In a manner of selling at a lower rate than 10% than the commercial store in the customer, the market value of “E” equivalent to KRW 1,978,321, which was kept in the business for the victim company, was arbitrarily sold and embezzled.
In addition, from around that time to April 201, the Defendant sold and embezzled products equivalent to KRW 162,814,047 at the market price, which had been kept in business for the victim as shown in attached Table 1, in the above manner, at the above location from that time to that of April 201, by means of the above 38 times in total.
2. The Defendant, while working in the Gwangju place of business, committed embezzlement of using the Defendant’s personal passbook, received goods payment from the customer to the KB National Bank Account (F), the Korean Bank Account (G), and the Agricultural Cooperative Account (H) in the name of the Defendant, and intended to bring only part of the money to the company account, and embezzled the remainder by personal use.
Thus, from July 2007 to December 201, 2016, the Defendant received total of KRW 311,887,561 from the Gwangju place of business to the customer 114 times in total as shown in the attached Table 2 list of crimes, and embezzled KRW 73,597,1750,000 to the victim company while the Defendant received money from the said account under the name of the Defendant and received money from the said account for the victim, and embezzled it by arbitrarily consuming KRW 238,290,386.
3. On March 15, 2013, the Defendant: (a) on March 15, 2013, established I under the name of the Department of Gwangju, Seo-gu, Gwangju; and (b) sold to I the following business partners.