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Defendant shall be punished by a fine of three million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
【Criminal Records of Crimes】 On July 9, 2020, the Defendant was sentenced to a suspended sentence of two years on July 17, 2020, for a crime of violating the Road Traffic Act, and the said judgment became final and conclusive on July 20, 200.
【Criminal facts” from January 201 to April 2015, the Defendant served as a managing director at the victim C Co., Ltd. (hereinafter “victim Co., Ltd”) located in Chungcheongnam-Nam (hereinafter “victim Co., Ltd.”) and engaged in the duties of supplying steel products and returning and refunding defective products.
Upon receipt of a request from a customer for return and refund of defective products, the Defendant had a duty to make conciliation by reasonably assessing whether it is an actual defective product for the victimized company, whether the request for return and refund is reasonable, and the amount of appropriate refund.
Nevertheless, on March 2015, the Defendant received a request from the Dispute Resolution Co., Ltd., which is a customer of the damage company, for a total of KRW 42,145,630 of the refund amount for defective products supplied by the victim company, in violation of the above occupational duties, and agreed to receive a refund of KRW 35,00,000,000 from the damaged company, instead of recognizing the full amount of the refund amount to the Dispute Resolution Co., Ltd., in violation of the above occupational duties, and without coordinating the appropriateness of the refund amount, the total amount of the refund amount requested by the Dispute Resolution Co., Ltd. shall be offset against the outstanding amount of the Dispute Resolution Co., Ltd., and received a refund of KRW 35,00,000 from
Accordingly, the Defendant acquired property benefits of KRW 35,000,000 in violation of his duties and caused property damages to the victim company.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police for E;
1. Complaints of C stock companies;
1. Each report on investigation;
1. Previous convictions: Inquiries about criminal history and the application of Acts and subordinate statutes of investigation reports (verification of criminal history);
1. Article 356 of the Criminal Act applicable to the crime, Articles 356 and 355 (2) of the Criminal Act, the selection of fines for the crime;
1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:
1. Articles 70(1) and 69 of the Criminal Act to attract a workhouse.