A defendant shall be punished by imprisonment for six months.

Punishment of the crime

From February 2, 2013 to June 5, 2017, the Defendant, while serving as a person in charge of purchasing products, materials, etc. in the StateC, was in charge of the payment, management, etc. of the purchase price of products, materials, etc. purchased by the victimized Company.

On the other hand, the injured company supplied products and materials related to the manufacture of semiconductor equipment, etc. from D, E, F (State)G operated by H, I and J (State) K operated by H.

1. Around January 2015, the Defendant offered that if the damaged company pays the amount exceeding the actual unit price of the materials supplied by the damaged company E, it shall return the excess amount in cash, and D shall accept this and conspired with D to use the excess amount for personal purposes.

around January 2015, the Defendant paid KRW 1,870,00 in cash exceeding KRW 1,281,50 in excess of KRW 1,870,00, even though the actual price of the materials purchased from E at the time was KRW 588,50,00, and around that time, the Defendant visited the E office in e-mail, and D returned the amount of KRW 1,281,50 in excess to the Defendant, as in collusion with the Defendant.

From that point to March 2017, the Defendant paid 29 times in total the price of materials to E, (State)G, and I through the foregoing method, as shown in attached Table 1, and then voluntarily used the excess amount for personal purposes, such as living expenses, etc. around that time, while keeping the damaged company for business purposes by return to the bank account (Account Number: M) in cash or in the name of the Defendant.

Accordingly, the Defendant embezzled the total amount of KRW 136,131,488 of the funds of the victimized company that was kept in business for the victimized company in collusion with the above D, F, and H.

2. Occupational breach of trust.