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[Defendant A] The defendant shall be punished by imprisonment with prison labor for four years and fine for 80,000,000 won.
The above fine shall not be paid by the defendant.
Reasons
Punishment of the crime
1. Defendant A worked as a non-standing director of G Co., Ltd. (hereinafter referred to as “G”) from February 14, 2014 to September 28, 2016. From October 20, 2014 during the foregoing period, Defendant A concurrently held the position of G Audit Committee member from October 20, 2014; Defendant A was in charge of the position of G Audit Committee Chairperson from April 22, 2015 to September 28, 2016; Defendant A was in concurrent office as the head of G Audit Committee from April 22, 2014. However, according to the evidence duly adopted and examined by this court, Defendant A concurrently held the position of G Commissioner from October 20, 2014 to April 22, 2015; Defendant A was in charge of the office of Audit Committee Chairperson from April 22, 2015 to September 28, 2016.
The G may attend the board of directors and the audit committee of the G, deliberate and decide on matters concerning the overall management of the G, conduct an audit of the G's affairs and accounting, prepare and propose agenda items, request an audit of matters deemed necessary for the audit and inspection, and, if necessary for the performance of such duties, have broad authority to request the staff in charge of the relevant duties to submit data.
On December 2, 2014, the Defendant received a request from K to the effect that “I Welfare Association, an incorporated association (hereinafter “I Welfare Association”) located on the third floor of H building in Gangnam-gu Seoul Metropolitan Government (hereinafter “I Welfare Association”), the Secretary-General of I Welfare Council B, the Director-General of the Business Group, and the Director-General of the Public Relations Office “I Welfare Association,” “A request from K to deliver L/M under several contracts ordered by G at I Welfare Association,” and then received a request from B, J, and K to the same effect several times from April 2015.
In the process of receiving the request as above, the defendant would ask B, etc. in detail, the contract amount, production cost, etc. when the N delivery contract is concluded, and if multiple contracts are concluded, the I Welfare Association will be made through the N delivery.