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1. Defendant A shall be punished by imprisonment with prison labor for one year and six months;
2. Defendant B shall be punished by imprisonment with prison labor for not less than ten months.
(b).
Reasons
Punishment of the crime
[Criminal Power] Defendant A was sentenced to imprisonment with prison labor for an occupational breach of trust at the Sungnam Branch of the Suwon District Court on September 18, 2018, and the said judgment became final and conclusive on December 11, 2018.
【Criminal Facts】
Defendant
A from February 2, 2012 to November 2017, a victimized company that is a steel manufacturing distributor in Gwangju City, has been in charge of the business division, etc. of the LA and the management of the product release. Defendant B had been in charge of the product production work, etc. from February 2, 2008 to November 2017. Defendant C had been in charge of the product production work, etc. from around August 201 to around November 2017 as the victimized company’s production leader. Defendant C had been in charge of the product production work, etc. from around November 2011 to around November 2017. Defendant D operated a private steel distributor of “H” with the trade name “H” in Gyeonggi-si.
1. Defendant A’s occupational embezzlement, around July 2014, in order to prepare monthly rent and living expenses, etc., that the Defendant managed the shipment, etc. of the damaged company’s products, Defendant A’s intent was to raise money from the damaged company’s steel products at a soft price.
Thus, the Defendant, while keeping the steel products of the victimized company as above on July 30, 2014, embezzled the market price of KRW 10,012,772 of the market price owned by the victimized company as salt price and embezzled it to the above H in the same manner as indicated in the annexed List of Crimes (1) in the same manner, as shown in the attached Table of Crimes (1), and embezzled the total amount of KRW 352,218,035 of the market price from October 28, 2017 to October 28, 2017.
2. On October 2015, Defendants A and B conspired to sell steel products of the victimized company at the base price in order to have them divided into money.
Therefore, the Defendants, while keeping the steel products of the victimized company as above, sold the scrap 20,286km equivalent to the market price of 6,511,806 won owned by the victimized company to the above H around October 31, 2015, and embezzled it.