A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Punishment of the crime

[Basic Facts] The victim B Co., Ltd. is a company that operates the transportation brokerage business, etc., and appoint the head of each transportation center for each region and have it exercise overall control over the relevant regional transportation business.

The cargo to be handled by the victim company may be classified into the cargo to be transported on a regular basis at the request of the owner of the cargo, the transport section, the product, the volume of the cargo, etc. (hereinafter referred to as "fixed quantity"), and the above elements are not predetermined in advance, but may be classified into the cargo to be transported at the request of the owner of the cargo.

When the victim company engages in the freight forwarding business, the victim company directly concludes a transportation contract with the cargo vehicle article and entrusts the transportation (hereinafter referred to as the "direct contract"), and if there are necessary circumstances, such as the case where the cargo article to be entered into a direct substitute contract is not requested, the relevant cargo can be subcontracted to another freight forwarding company.

[Specific criminal facts] The Defendant had a duty to maximize the interests of the victim company and not to inflict damage on the company as a person who worked as the head of the victim company's Osan Transportation Center from January 2014 to August 2018.

Nevertheless, around August 23, 2016, the Defendant established the “C” of the transportation chain that he operated separately, and, without any justifiable reason, had the victim company subcontracted the relevant volume of the goods to C to obtain “one-time “the-time closing of traffic.”

Accordingly, around December 1, 2017, the defendant subcontracted to E Co., Ltd. without treating five goods, such as the attached list, at the victim's Osan Logistics Center located in Pyeongtaek-si D, as a direct contract.

However, E Co., Ltd. shall receive a nominal subcontract.