A defendant shall be punished by imprisonment for six months.

Punishment of the crime

A victim B is a person who operates an electronic equipment selling company in the name of "D" in Suwon-gu Busan Metropolitan City, and the defendant has been engaged in a transaction from 2013 to 1% of the sales proceeds from the victim in return for selling the electronic equipment of the victim.

On November 2017, the Defendant listened to the horses that “The president of the Busan East-gu Fel will purchase “H”, which is a clothes building of G, from E, another business employee, and requested that the victim, who handled G products, contact the victim with the victim and supply “H” 42 units to the Fel, and the victim supplied “H” 42 units to the Fel around November 22, 2017.

At the time, “H” was supplied to the Fel, as seen above, by the Defendant, in addition to allowing the supply to the Fel, of the I products mainly handled by the E, and around that time, the Fel president received the entire supply price of the electronic equipment, including the above “H” amounting to KRW 39.9 million from the Fel president.

Therefore, the Defendant had a duty to receive KRW 39.9 million from E to pay to the victim.

However, under the circumstances where the Defendant owed approximately KRW 40 million to E at the time, he did not deliver the above “H” price to the victim, and did not deliver it to E, and in violation of the above occupational duties on November 2017, he had E bring about KRW 39,90,000 for the above “H” price as the source of debt repayment.

Accordingly, the defendant acquired property benefits equivalent to KRW 39.9 million, and suffered damages equivalent to the same amount to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to J police officers;

1. A complaint;

1. Application of H supply certificates, supply confirmation certificates, and statutes governing notarial deeds;

1. Criminal facts;