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Defendant shall be punished by imprisonment for a term of one year and six months.
Of the facts charged in the instant case, violation of the Labor Standards Act.
Reasons
Punishment of the crime
The defendant of "2017 Highest 4351" was a person who operated B (hereinafter referred to as "B") a company with the purpose of wholesale and retail business of agricultural and fishery products.
On August 2010, the Defendant agreed to have the Defendant sell in Korea and divide the profits from the sales in half of the profits of the Defendant, in the B office located in the Seo-gu Incheon, Seo-gu, Incheon, Seo-gu C1, and E, the representative of the victim D Co., Ltd.
On August 31, 2010, the Defendant received a total of 10,00 boxes from the victim company (one box consisting of two hybrids, up to October 5, 2012), including 96 boxes around October 4, 2010. Of them, 10 boxes were returned to the victim for sampling, and 2,288 boxes were sold from around March 9, 201 to March 9, 201, and the sales proceeds were totaled of 66,352,00 won and remaining KRW 7,708 (up to October 5, 2012), and 10,096 boxes, including 96 boxes around October 4, 2010. Of them, the Defendant appears to have received a delivery of 10 boxes under the pretext of sampling. From around that time, 2,288 boxes were sold to the victim for sale proceeds of KRW 29,352,00,00 and the market value of the boxes (up to KRW 23,53,70816,78.78.”
The market price shall be 223,532,00 won (7,708 boxes x 29,000 won).
Around February 24, 201, while having been kept in custody for the victim Eul, he arbitrarily consumed the remainder of KRW 46,352,00 in addition to the delivery of KRW 20 million to the victim on February 24, 2011, and embezzled the property worth KRW 269,84,000 in total, by not giving proper notice of whether to sell until October 5, 2012, for the remaining box of KRW 708 (market price of KRW 223,532,00).
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of witness E in the second public trial protocol;
1. Application of Acts and subordinate statutes (the Incheon District Court 2016Gadan 2164296 Litigation for Costs of Goods) ;
1. Determination as to the assertion by the defendant and his/her defense counsel under the pertinent Article of the Criminal Act and Articles 356 and 355(1) of the Criminal Act regarding criminal facts
1. The assertion.