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A defendant shall be punished by imprisonment for one year.
The request of the applicant for compensation shall be dismissed.
Reasons
Punishment of the crime
The defendant of "2016 Highest 5356" is a person who was an employee of the business division of Korea IBM Co., Ltd., and IBM Co., Ltd., D, C and Sungsan C Co., Ltd. are corporations that take charge of the interim distribution of software products or conduct business activities such as technical support of software, etc. as a business partner in charge of the defendant's business.
1. On November 2012, the Defendant’s fraud against the Victim D Co., Ltd. calls to E, the representative director of the Victim D Co., Ltd., and calls to “Korea IBM’s DB2 software products necessary for the construction of the next generation database, to supply them to the Korea Smart Card Co., Ltd...” As such, the Defendant purchased 18 sets of the said products at KRW 473 million from ABS Co., Ltd. for KRW 1830,000. Accordingly, in the process of the supply of the products, the Defendant would immediately sell them to another company to get profits from the distribution of the products and take responsibility for the proceeds therefrom.
“False speech was made to the effect that it was “.”
However, in fact, since the software products are excessively ordered by the Defendant in the course of supplying the products to another customer, it is very uncertain that the possibility of realizing the supply and marginal profit has not been secured at all by the end buyer or the purchase quantity, and such type of prior purchase transaction was strictly prohibited by the Korea IBM corporation, the head office, and thus, it is highly likely that the sale would not be made in a normal way.
Nevertheless, the defendant deceiving the victim, thereby making the victim enter into a sales contract for the software products on November 30, 2012, and then, he/she transferred the total amount of KRW 473 million to the Bank's account in the name of The Bank's name on December 10, 2012; KRW 50 million on June 27, 2014; KRW 313 million on August 7, 2014; and KRW 473 million on August 7, 2014.