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 becomes final and conclusive.

Punishment of the crime

The defendant is the operator of C in Western-gu B, Seoan-gu, and the victim D corporation is a credit card value-added telecommunications business operator (VN).

On May 2010, the Defendant entered into an E-management agency contract with the victim company and provided credit card member stores with payment equipment and cash incentives from the victim company and operated C as an agency for the victim company by being entrusted with affairs such as solicitation and management of credit card member stores used by the victim company as an agency. From around May 2014, the Defendant received from the victim company 431 credit card payment equipment (the market price is equivalent to 63 million won) and cash incentives of 30.6 million won from the victim company, the Defendant was in charge of soliciting credit card member stores for the victim company and maintaining and managing them for the period of 39 months according to the terms of the above agency contract.

On March 13, 2015, the Defendant, in violation of the above duties, arbitrarily converted the Privacy operator of F-Operation G, which was managed by C, from January 2015 to May 2015, and converted the 35 credit card member stores from January 2015 to May 2015 into H (H), and voluntarily converted the Privacy operator into H (H), the Bank of Bankruptcy I, and the Bank of Bankruptcy, and in return, received KRW 7 million from H (H) and KRW 10 million from H (H). As such, the Defendant received KRW 7 million from H (H) and received KRW 10 million from L to the victim company at his/her discretion, thereby making the victim company lose the opportunity to obtain income from credit card inquiries and approval for transaction, KRW 67 per fee for each credit card transaction, and KRW 20 per automatic transfer service fee.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report on the statement by the police of K (the telephone call of a witness);

1. The current status of the converted member shop (I), the current status of the converted member shop, and the current status of the converted member shop;

1. Arrangements for the revitalization of marketing, such as agency contracts, E-management agency contracts, agreements, etc. for the promotion of marketing, loan certificates, terminal leasing contracts, etc.