Defendant

A Imprisonment with prison labor for two years and for one year and six months, respectively.

except that from the date of this judgment.

Punishment of the crime

Defendant

A is a representative director of Seocho-gu Seoul Metropolitan Government DD Building E (hereinafter referred to as “stock company”) with the second floor, who has overall control over its business, and Defendant B is a director of the E, who has overall control over its business.

피고인들은 E 명의로 2009. 3. 18. KT의 위탁판매대행사인 굿앤굿파트너스와 사이에 이동통신대리점 서브점 운영에 관한 약정을 체결하여 E이 개통한 이동통신 단말기에 대하여 개통 익월에 수수료를 지급받기로 하고, 2009. 3. 19. 피해자 F과 사이에 E이 개통하여 굿앤굿파트너스로부터 수수료 지급이 예정된 물량에 대하여 피해자가 영업사원들에게 지급할 소정의 개통수수료를 선지급하고 굿앤굿파트너스로부터 수수료가 입금되면 그 차액을 영업이익으로 나눠갖기로 하는 내용의 약정을 체결하였다.

On August 13, 2009, the Defendants conspired and received 140,169,000 won from September 9, 2009, which corresponds to the difference between the actual opening number and five actual openings. However, as if the actual opening number is about 457, the Defendants sent e-mail the opening fee of 141,729,000 won from the victim to the corporate bank account (Account Number G) in the name of E, and then acquired 140,169,000 won in total five times in total, as shown in the attached list of crimes, from that time, from September 9, 2009, the Defendants received 1,043,042,000 won in the same way.

Summary of Evidence

1. Defendants’ partial statement

1. Statements made by witnesses F and H in the second protocol of the trial;

1. Reporting on the opening status of corporate terminals;

1. Details of the E operational account;

1. Head of Tong E;

1. Application of the Acts and subordinate statutes confirming transactions;

1. The Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Act No. 1135, Feb. 10, 2012) is applicable to each of the relevant criminal facts.