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A defendant shall be punished by imprisonment for a term of one year and four months.
Reasons
Punishment of the crime
"2014 Highest 34"
1. From January 2010, the Defendant, from around Busan Dong-dong, was engaged in the business of selling and collecting goods at the victim’s “Mogin Flud” office located in the 62-5 modern department store of the building department located in the Dong-dong, Busan.
On September 13, 2012, the Defendant: (a) sold 335 boxes to D Company E for approximately KRW 6,600,00 at a discount of 10% compared to the sales cost (7,543,382 equivalent to KRW 7,582); (b) disposed of as if the Defendant sold 6,60,000 won to the bank account in the name of the Defendant from E on September 13, 2012; and (c) embezzled by consuming 6,60,000 won to the bank account in the name of the Defendant for the damaged company for personal purposes, such as gambling funds and credit card settlement, around that time, while the Defendant was in the custody of the victimized company for the purpose of the victimized company, and embezzled by consuming 197,126,500 won in total by the same method over 25 times from that time to June 5, 2013 as indicated in the attached crime list.
2. The Defendant in occupational breach of trust, as in paragraph (1), was engaged in the sales and collection of goods while working as a proxy for the victimized company.
A business member of an affected company shall sell goods on condition of sale designated by the victimized company, and shall obtain approval when selling goods at a price lower than the designated sale conditions.
Nevertheless, the Defendant violated his occupational duty to comply with the terms and conditions of sale designated as above in September 4, 2012 and sold 7,543,382 won to D Company E without obtaining approval of 335 boxes, thereby obtaining property benefits equivalent to KRW 943,382 won to E and causing property damage equivalent to the same amount to the damaged Company, as stated in the list of crimes, and thereby obtaining property benefits equivalent to KRW 52,365,81 in total from around 44 times to June 4, 2013 to E in the same way as indicated in the list of crimes. The amount equivalent to the same is equivalent to the same company.