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A defendant shall be punished by imprisonment for a term of one year and four months.
Reasons
Punishment of the crime
The Defendant was a person working as the director in charge of marketing division in the company D (hereinafter referred to as “victim Company”) that operates the wholesale and retail business of computer parts in Yongsan-gu Seoul Metropolitan Government, and was in charge of business and supply of customers.
When the Defendant considered damage from investment in stock futures commenced from May 2015 due to investment in stock, the Defendant took out high-priced computer parts, such as mers, traffic cards, etc. kept in a warehouse by taking advantage of the position of a customer to enter the warehouse of the goods on account of its delivery, etc., and attempted to make profits by disposing of them on the other hand.
1. On August 2015, the Defendant: (a) taken out of the Republic of Korea without a record of business partners’ delivery, etc.; (b) the same year
9. Until June 16, the victim company employees, including the defendant located in the first floor of the above C building, entered with fingerprints in the warehouse of the product stored and managed by the victim company, and embezzled 145 computer parts owned by the victim company, such as the victim company, such as the graphic 3-WY SAL CRG ENHUST, graphic card, etc., on a total of 12 occasions as shown in attached Table 1 of Crimes List 1.
2. On May 21, 2015, the part of the Defendant taken out under pre-delivery of product exchange, customer supply, etc., was issued by E, an employee of the business division, even though there is no reason to remove the product through the exchange of products with the victim’s customer center, and entered the warehouse of the same product as indicated in the preceding paragraph, and entered into the warehouse of the same product as listed in the preceding paragraph, with one traffic card “VGGGGGX970-DM-4GD5 Mini”, and the same year from the above date as indicated in attached Table 2.
9. Until June 16, 198, 453 computer parts owned by the victim company such as traffic cards and mailboards (a total of 134,040,910 won) were embezzled by issuing a false statement of transaction by means of exchange of goods of the customer center and supply of goods to customers, etc.
Accordingly, the defendant was under custody in the course of business.