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The defendant shall be innocent.
Reasons
1. The summary of the facts charged is as follows: (a) the Defendant served as a business employee of the Victim D Co., Ltd. (hereinafter “D”) that sells any mixed feed on July 1, 2007; (b) from May 29, 2012, the Defendant sold the mixed feed to G farm and H farm operated by the F in Ansan-si E. from May 29, 2012.
If discount is necessary to maintain continuous transactions with customers, the defendant has a duty to determine discount rates in accordance with the Business Management Manual and to not cause damage to D with internal approval.
A. The Defendant supplied F with a mixed feed equivalent to KRW 58,87,045, around July 2013, in violation of the aforementioned duties, and at the same time discounted the volume of KRW 4 million under the name of 1 (the unit price discount per feed kg) from that time until May 2015, the Defendant supplied F with the combined feed equivalent to KRW 5,216,582,621, as shown in the annexed List of Offenses of Crimes, and supplied F with the quantity of KRW 1, 2 (the cost of transportation), 2 (the interest discount if the G farm paid the price in advance before the supply of feed), 50,501,386, on the basis of the advance payment (the interest discount if the G farm paid the price before the supply of feed), the Defendant voluntarily adjusted the unit price or discounted the unit price under the name of D without the internal approval of D.
B. On August 2014, the Defendant, in violation of the above duties, voluntarily discounted KRW 12,500,000, out of the feed amount to be reported to D or to be received from F without obtaining approval, on the pretext of the subsidies for shipment (in the case of shipping pigs through D), without obtaining the approval, the Defendant voluntarily discounted the amount of KRW 12,50,000,00 from D’s manuals.
As a result, the Defendant acquired the F from F the pecuniary advantage equivalent to KRW 571,501,386, and caused property damage equivalent to the amount D.
2. The defendant's assertion that the defendant and his defense counsel at will discounted the amount of feed as stated in the facts charged, but the F shall pay taxes.