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A defendant shall be punished by imprisonment for not less than two years and six months.
Reasons
Punishment of the crime
" 2017 Gohap 21"
1. On August 13, 2014, the Defendant was a person who was appointed as the representative director of the victim D Co., Ltd. (hereinafter “victim Co., Ltd”) located in Daegu-gu, Daegu-gu (hereinafter “victim Co., Ltd.”) and was engaged in overall affairs of the victim.
Although the Defendant, as the representative director of the victim company, has an occupational duty to manage the property of the victim company in good faith, as seen above, in the office of the victim company around August 2012, the Defendant acquired property benefits by calculating and paying at least 5% of the actual supply price in return for the supply price of the automobile parts from E, a subcontractor, in violation of the said duty, and then returning 5,140,000 won, excluding taxes, from the actual supply price, to the account of the Defendant’s corporate bank, etc., and suffered property damages equivalent to the same amount from January 7, 2008 to April 30, 2013, including the loss of the victim company from January 7, 2008 to April 30, 2013, the Defendant acquired property benefits equivalent to KRW 609,270,000 in total over 83 times as indicated in the list of crimes.
" 2017 Gohap 24"
2. On August 13, 2014, the Defendant was appointed as the representative director of the D Co., Ltd. and has overall control over the affairs of the victim.
A. On April 2015, the Defendant: (a) sold five LS withdrawn type type machines in the foregoing D Co., Ltd. factory located in Daegu-gu, Daegu-gu, and the victim’s market price at KRW 250,000,000 in total; (b) sold the LS type machines to F representative G; and (c) sold 60,000,000 won in cash from November 201 to February 2016, the Defendant embezzled the said money by voluntarily consuming the Defendant’s personal debt repayment in the Daegu-gu, etc. around that time while receiving KRW 60,000,000 from the above G to February 2016.
B. The Defendant’s occupational embezzlement of the price of goods on March 2015.