Text
Defendant
A shall be punished by imprisonment for six months, by a fine of 2,500,000 won.
Defendant
B The above fine.
Reasons
Punishment of the crime
Defendant
A is a researcher of Victim D Co., Ltd. (hereinafter referred to as “victim Co., Ltd.”), who is engaged in the company’s technical research and the purchase of equipment, and Defendant B is a person who engages in wholesale and retail business of scientific equipment under the trade name of F (former changed to G) and supplies equipment to the victim company.
1. The Defendants’ fraud-based Defendants conspired to collect the difference by withdrawing the cost of equipment to be purchased from F. Defendant B, at their own office located in Ansan-si around October 4, 2013, provided that the cost of equipment to be sold to the victim company is 28,231,50 won (in an amount, including value-added tax, the value-added tax is 25,65,000 won) but the amount is 39,215,000 won (in an amount, including value-added tax, the value-added tax is 35,650,000 won) (the value-added tax is 35,650,000 won; the value-added tax is excluding value-added tax is 35,650,000 won); Defendant A shall receive a written estimate from the victim company affiliated to the victim company in Seo-gu Incheon-gu, Incheon; Defendant B shall purchase equipment to the representative director of the victim company; Defendant B shall obtain a written estimate from the victim company E, 250050 won, 3050,500 won, and 150.
2. Following Defendant A’s transfer of the cost of equipment for occupational embezzlement and criminal acts as described in paragraph (1) to B, Defendant A returned some equipment, such as refaculation system, among equipment supplied by Defendant A, around October 16, 2013. As a result, Defendant A reduced the total cost of equipment actually supplied by the victim Company B, Defendant A transferred KRW 13,270,000 equivalent to the cost of equipment returned from B around October 18, 2013 and around September 19, 201, while keeping the same for business purposes.