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A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
The Defendant served from January 27, 2014 to June 19, 2015 as a business employee of the victim C Co., Ltd., Ltd., the Defendant engaged in the sales of drugs manufactured by the victimized Co., Ltd., Ltd., and engaged in the duties, such as sales of drugs, receipts and payments, delivery of goods, and storage.
1. On July 25, 2014, the Defendant: (a) received medicines equivalent to KRW 4,151,000, such as “G” returned to the damaged company, etc. from the F members of the E’s operation in Gumi-si, Si; and (b) embezzled the Defendant’s occupational embezzlement by arbitrarily selling them to a third party at a price discounted by 50% below the arm’s length price, without having the damaged company bring them into the damaged company.
In addition, from around that time to June 19, 2015, the Defendant embezzled drugs equivalent to 11,973,080 won in total over the number of times as shown in the list of crimes in the attached Table.
2. Occupational breach of trust is occupational duties to sell goods at the price designated by the damaged company as a business employee of the victimized company.
Nevertheless, as the Defendant got pressure from the actual pressure in the victimized Company, the Defendant promised to supply goods by selling goods at a discounted price of about 1-10% below the price designated by the victimized Company in violation of the above occupational duties, upon requesting H pharmacies, L pharmacy, and P pharmacy, which is a customer, with a mind that sales performance would be unfolded, and demanding an increase in volume to the H pharmacy, L pharmacy, and P pharmacy.
A. From January 28, 2014 to June 19, 2015, the Defendant sold drugs equivalent to KRW 8,884,340, such as K, to the “H pharmacy” under the operation of the J in Daegu-gu Ha from January 28, 2014 to June 19, 2015, the Customer stated as if he sold the goods at the arm’s length price as if he had sold the goods at the customer’s length price, and the J would sell the goods at a discounted price of KRW 968,460 at a discounted price of KRW 1 to 10% below the arm’s length price.