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A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
From October 2003 to June 25, 2012, the Defendant has been engaged in overall control over advertising materials design, gold-free business and public duties at the victim E-stock company located in Songpa-gu Seoul Metropolitan Government D building A, 1001, 1002, and 1003.
1. The Defendant in breach of trust, who received money from a subcontractor, was delegated by the victim with the commission of advertising materials to the trader and to collect money from the trader. As such, even though the Defendant granted an appropriate amount of money in accordance with lawful procedures, in violation of such occupational duties, claimed an amount of money that is added to the supply unit price or calculated an excessive amount of labor cost by allowing the trader to issue a false tax invoice to the trader, and had the trader receive money from the trader with the passbook in the name of the Defendant.
Around January 2, 2008, the Defendant paid KRW 16,357,00 to F Representative G with outdoor advertising signboard production costs, and received KRW 5,00,00 from the above G to the passbook (Account Number: H) in the name of the Defendant, such as receiving the transfer of KRW 5,00,00 from January 2, 2008 to April 16, 2012, the Defendant received KRW 42,915,000 in total at the passbook (Account Number: H) of the Defendant’s name bank from around 9 March 2, 2006 to December 6, 2007, and received KRW 42,915,00 in total from around 17 times in the name of the Defendant’s bank (Account Number: 1: 200,000 won in the aggregate of the account number of the Defendant from around 200 to 301,000 won in the name of the new bank (Account Number: I): 201:630,500,201.
Accordingly, the Defendant took a benefit equivalent to KRW 71,415,00 and suffered a loss equivalent to the same amount from the victim.
2. Voluntary breach of trust using a corporate card for personal purposes;