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A defendant shall be punished by imprisonment for not more than ten months.
Reasons
Punishment of the crime
From July 1, 2014 to August 13, 2015, the Defendant is a person who works as a sales warden of “D” in the main office located in Jung-gu Seoul Metropolitan Government, Jung-gu, Seoul, a sales store for the victim Samsung C, and was engaged in the sales, inventory management, etc. of male clothing.
In selling the clothing of the victim company in the above store, the defendant company should sell the clothing of the victim company at the price set by the victim company, cannot sell at a discount, and there was a duty to obtain prior approval in case of a reason for discount sale.
Nevertheless, in order to raise sales performance, the Defendant, without obtaining the approval of the victim company from October 2014 to June 2015, sold male clothing at a discount of an amount equivalent to KRW 7,777,800,00 among customers in the above store from around October 2014 without obtaining the approval of the victim company, and then, sold at a discount of an amount equivalent to KRW 7,7777,000,00, and then, in order to conceal the shortage of sales proceeds generated from such discount sale, the Defendant entered the items as if the actual sales clothes were returned to the above store computer system, such as the list of crimes attached to the crime, and entered the items as if they were sold at KRW 1,00, which were sold at the arm’s length price, with the difference between the arm’s length price and the sales price of KRW 1,00, and entered false items as if they were sold.
As a result, the defendant obtained property benefits equivalent to 7,777,00 won in total to the above customers and suffered damages equivalent to the same amount to the victim company.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the prosecution against E;
1. Application of Acts and subordinate statutes on sales and inventory records of goods;
1. The point of occupational breach of trust as stated in pertinent legal provisions and Articles 356 and 355(2) of the Criminal Act regarding criminal facts and the choice of punishment (attached Nos. 1 through 20) of the same Act.