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1. Defendant A shall be punished by imprisonment with prison labor for four years and by imprisonment with prison labor for one year;
2. However, in respect of Defendant B, this paragraph is applicable.
Reasons
Punishment of the crime
1. Defendant A
A. On October 4, 2001, Defendant A entered a victim G Co., Ltd. (hereinafter “victim”) and worked as a purchasing team employee until May 14, 201, Defendant A, who was promoted as the director on April 1, 2011, ordered the Victim Co., Ltd. (hereinafter “Korea FFF”) to take charge of the duties of receiving synthetic resin (e.g., raw materials for plastic manufacturing) from the Korea FFF Co., Ltd. (hereinafter “Korea FFF”), which is the raw materials for plastic manufacturing.
Defendant
A around May 14, 2009, at the office of the victim company located in Ha in Ha Sung-si, intended to make a phone call to sell Lejin to 900 won per 1kg price. On the other hand, Ha sold Lejin to 3,000 g (on the market price of 8,820,000 won) which had been purchased from the victim company in the name of the victim company, by telephone to the cargo driver carrying freight cars in the transport of Ha to the designated place by I.
In addition, from around that time to February 12, 2014, Defendant A sold at will to I and B an aggregate of KRW 396,290km (a total of KRW 1,381,221,50 in the market price) owned by the victim company, which was under business management, for the victim company, at least 85 times, as shown in attached Table 1 of Crime List 1.
Accordingly, the defendant kept the property of the victim company, and embezzled it in violation of his occupational duty.
B. (1) On April 20, 2014, Defendant A indicated each part of the victim company’s security log in the list of “the present condition of supply” in the “the present condition of supply” of the guard log (C) dated June 26, 2013 in the victim company’s office in order to pretend that the said embezzled dust was ordinarily stored in the victim company.