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1. Defendant A shall be punished by imprisonment for four months.
However, the above sentence shall be executed for a period of one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. Defendant A had a duty to pay a reasonable price when receiving equipment or purchasing equipment from a supplier, on the ground that he/she worked as the site warden of the victim D Co., Ltd. in South-gu, Southern-gu, Seoul, from October 1, 2012 to September 21, 2017, and was engaged in the management and storage of equipment.
Nevertheless, on August 11, 2015, the Defendant: (a) requested E, a equipment repair business entity, to pay KRW 500,000,000 to E as the cost for the repair of equipment in violation of such business duties; (b) demanded the damaged business entity to pay KRW 1,721,50,000 as the cost for the repair of equipment; and (c) received refund of KRW 500,000 from E in the same manner between E and October 11, 2017; and (d) demanded the damaged business entity to pay KRW 20,000,000 in total over 25 times in total, and received the above KRW 20,000,000,000 from KRW 44,898,30,000 in total, and subsequently, acquired the above pecuniary benefit and acquired the above pecuniary benefit equivalent to the above amount of property damage.
2. Defendant B
A. The Defendant engaged in occupational embezzlement from July 2014 to September 20, 2017, while serving as the victim corporation D’s accounting, and engaged in the business of managing funds and paying wages of the victimized company.
Around February 10, 2017, the Defendant transferred KRW 368,150,00 to A’s account as salary, even though the sum of the benefits of the Defendant and the Defendant’s husband was KRW 4,646,920 on January 1, 2017, from the bank account in the name of the damaged company managed by the Defendant at the above company’s office, the Defendant transferred KRW 5,150,000 from that time to August 10, 2017 in the same manner the sum of the benefits of the Defendant’s husband and wife paid KRW 32,528,440,520 over seven times in total, such as the list of crimes (2) in the same manner from that time until August 10, 2017.