A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

From October 2016, the Defendant is a company member who works for the Victim C Co., Ltd. in Busan Seo-gu B and 803 from around October 2016, D is a manufacturer, the company member who works for E, and F is a design company G.

1. The Defendant had entered into a gold-type development agreement between the victim company and E. In such a case, the Defendant, who is engaged in the business of selecting various contracting parties or paying the price, etc., has a duty to make efforts for the benefit of the victim company by entering into a contract at an appropriate price after checking the estimate presented by the actual receiving company and examining whether the price stated in the written estimate is excessive or unreasonable.

Nevertheless, the Defendant entered into a contract by submitting a written estimate with the amount of KRW 30,000,000 or KRW 5,000,000 in a false and higher amount of the actual estimated price under the above gold-type development contract, and thereafter, the Defendant would make payment of the difference as the pretext of the rebates to the said D, and the said D accepted it.

Accordingly, on November 7, 2016, the Defendant sent documents, such as a quotation of volume of KRW 35 million, which the Defendant released to the Defendant, at the E office located in Busan H, and the Defendant had the Defendant enter into a gold-type development agreement between the victim company and E on the basis of the aforementioned false documents, based on the aforementioned false documents.

Ultimately, in collusion with the above D, the Defendant acquired pecuniary benefits equivalent to KRW 5,00,000,000 from E in breach of occupational duties, and caused property damage equivalent to the same amount to the victim company.

2. The Defendant concluded a product design development agreement between the victim company and G, and in such a case, the Defendant was engaged in the business of selecting various contracting parties or paying the price, etc. of the victim company as above.