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A defendant shall be punished by imprisonment for three years.
Reasons
Punishment of the crime
The Defendant, along with B around May 13, 2009, established the Victim D Co., Ltd. (hereinafter referred to as “D”) that carries on the manufacturing and export business of the Capital tape in the Pluri-si, Plju-si, and held office as the representative director from January 2, 2012 to January 2, 2015, and took charge of accounting, personnel management, purchase, etc.
In order to manufacture a glin tape, the Defendant needs to carry out drilling at a certain interval using gold-type pin at a certain time, and when the end is finished due to repeated use of gold-type pin, the Defendant received a request for reprocessing gold-type pin-processing to E companies reprocessing gold-type pin, using the fact that it is necessary to replace it with a new gold-type pin-type pin, and paid service costs at a higher supply price, and paid the difference between the actual supply price and the service cost to the company operated by the Defendant and his family members.
1. On April 201, the Defendant in breach of trust, with the method of paying false service charges, paid KRW 2,604,80 to F in the name of the gold processing supply cost, and obtained financial benefits equivalent to the above amount from the victim company, even though he did not have supplied gold-in to F with a limited liability company F (hereinafter “F”) operated by the Defendant at the victim company, the Defendant paid KRW 2,604,80 to F in the name of the gold processing supply cost, and suffered financial losses from the victim company.
In such a manner, the Defendant: (a) from April 27, 201 to March 31, 201, the Defendant had F obtain pecuniary advantage equivalent to KRW 78,655,500 from April 27, 201 to March 31, 2012; and (b) had the victim company suffered pecuniary loss equivalent to the same amount.
2. On April 2012, the Defendant in breach of trust by means of the method of false gold sales proceeds, sold to H a high-ranking penalty of KRW 62,73,00, while the Defendant sold a high-ranking penalty of KRW 71,445,00 from F, even though he did not have sold a high-ranking penalty of KRW 62,73,00 at the victim company’s office to H where the Defendant’s wife was the representative director.