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A defendant shall be punished by imprisonment for four months.
However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
From November 2013 to November 18, 2014, the Defendant took over “F” (hereinafter “F”, which is a member store of the victim E-stock company, from D2 located in North Korea-gu, North Korea-si, and operated from G to G in the name of the member store, and received a request from the victim to transfer the above part of the management room without the victim’s notification. As such, the Defendant and G were at issue to transfer the part of the management room without the victim’s notification, and the Defendant and G were asked to transfer the part of the management room from the victim, in collusion with H, which is the Defendant’s seat, and the Defendant’s wife and relatives received the payment in advance. Based on this, the Defendant prepared a false customer management card as if they were in collusion with H, who is the Defendant’s will receive the part of the management, free of charge, or requested the refund from the victim, and then received the refund from the victim.
In collusion with H, the Defendant prepared a customer management card under H’s name with the content that “H paid a total of KRW 2.5 million on October 7, 2013 and received a single installment management”, and prepared a false customer management card with respect to 40 members, such as the list in the attached crime list, and entered into a contract on November 19, 2014 to transfer the above part to the victim at the victim’s office in Sungnam-gu I C. 508, Sungnam-gu, Sungnam-gu, and around November 19, 2014. On November 201, 2014, the Defendant added the said customer management card to the above 40 members, including H, as if the employees in charge of the victim had a total of KRW 67,590,100,00.
The Defendant intended to obtain monetary benefits equivalent to the price by requiring H and Defendant J, etc. to refund the price indicated as the advance payment on the customer management card, or by having K, L, M, N,O, P, Q, R, etc. to receive monetary benefits equivalent to the price, as if it had already paid the price. However, there is doubt about the entries related to the advance payment on the customer management card.