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A defendant shall be punished by imprisonment for three years.
Reasons
Punishment of the crime
1. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) has established a social welfare foundation G on February 19, 1973 (hereinafter “G”) and has overall control over the business of the company as the representative director.
On January 2010, the Defendant: (a) paid to G’s panty nuclear power supplier I an excessive amount; (b) paid to G’s panty nuclear power supplier I an excessive amount; and (c) paid an excessive amount of panty nuclear power unit price to H on January 2010; (d) returned KRW 21 million from I to G for his business purposes; and (e) embezzled by using it for personal purposes around that time; and (e) embezzled from that time until September 2012, the Defendant embezzled KRW 1,125,695,048 in total over 58 times, as shown in attached Table 1, from that time until September 2012.
2. The Administrator of the Defense Acquisition Program Administration in violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) has prescribed that, in the case of clothes, such as physical movement clothes, Chuncheon movement clothes, combat clothes, etc., a contract should be concluded with the supplier by adding legal profits after calculating the cost of material costs, labor costs, expenses, general management costs, etc., pursuant to Article 9 of the Enforcement Decree of the Act on Contracts to Which the State Is a Party, and further, in calculating the cost of material in the details of cost, the contract should be concluded with the supplier by comparing the cost of material received from the supplier pursuant to Article 6(1)1 and Article 7(1) of the Enforcement Rule of the Act on Contracts to Which the State Is a Party with the cost of material costs, the reasonable amount should be determined among the cost of material costs, and it is practically difficult to accurately grasp the prices in the city, so it is difficult to say that the supply contract is concluded
The defendant who has been well aware of these contracting methods is the panty price by the Defense Acquisition Program Administration.