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Defendant
A Imprisonment for three years, each of the defendants B, C, and D shall be punished by imprisonment for one year.
However, as to Defendant D, the same shall apply.
Reasons
Punishment of the crime
[Presumption Facts] Defendant A is the head of the overseas business team of M Co., Ltd. (hereinafter “M”), which is a company that distributes products from around 2003 to January 31, 2016, and was in charge of the management of overseas business and collaborative companies. Defendant C is the head of the business division of N Co., Ltd. (hereinafter “N”) from February 201 to July 15, 201, who was in charge of the sales of the trademark products of “O” owned by M; Defendant B was the person who was in charge of the sales of the trademark products of “O” owned by M; and Defendant D is the representative of P Co., Ltd. (hereinafter “P”).
[Criminal facts]
1. Defendant A
A. The Defendant, in the course of placing an order to P, which is a collaborative company for the manufacture of new products bearing a trademark “M” owned by M, was engaged in business operations fairly taking into account the manufacturing cost, quality, quantity, delivery time, payment method, etc. of the products, and there was an occupational duty that may not be provided with any form of monetary profit in the process.
Nevertheless, around July 2012, the Defendant requested the above D to “in order to smoothly maintain the contractual relationship with M, the Defendant received KRW 22,085,80,000 in total from around July 11, 2012 and around August 17, 2012, in order to supply the signal of the 39,500 emergency vehicle (U.S.) from the D that received, as shown in the attached list of crimes (1) up to July 10, 2015, the Defendant received KRW 22,080,800 in total from July 36, 2015.
As a result, the defendant received property from a person who administers another person's business in return for an illegal solicitation.
B. The Defendant in violation of the Act on the Regulation and Punishment of Concealment of Criminal Proceeds receives the Defendant’s duty amounting to KRW 222,080,800,000 in total, in collusion with D, and is money and valuables lawfully acquired.