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Defendant shall be punished by a fine of KRW 7,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
The defendant is a person who entrusts and manages the sales and construction of products to a cooperation company, agency, etc. with the vice head of B, and the victim B (representative C) corporation is a company that produces and sells an in-depth prevention system, such as special paints and paint.
Around March 24, 2010, the Defendant entered the company as above, and from March 24, 2013, in the course of performing the business of the vice-general and vice-general, sold products at a high unit price for the business interests of the company, selected as a contractor on the ground of false companies, and then did not acquire the difference by further subcontracting the construction. As such, there was an occupational duty that may not receive the fee for transfer from the company as if the false company was authorized to do the construction.
1. Nevertheless, around November 1, 2014, the Defendant established “G” in the name of his spouse F with the location of the place of business of Gangdong-gu Seoul Metropolitan Government D Building E as the location of the place of business, and intended to resell the company’s products at low unit price in violation of his/her occupational duty after purchasing them at low unit price.
On November 6, 2014, the Defendant purchased an amount equivalent to KRW 6,397,248 from AM-C-T and the goods supplied by G, and provided property profits equivalent to KRW 1,907,752 by resale thereof, as well as KRW 1,907,752, around 14 times from November 6, 2014 to July 3, 2017, as shown in the crime sight table, the Defendant earned property profits equivalent to KRW 78,676,602, around 14 times.
2. The Defendant, who had the right to select a construction site at the construction site, pretended as if he directly performed the construction site from G and re-subcontracted the property gains by concluding it as if he were directly performed by G. On June 3, 2016, he was paid the amount equivalent to KRW 71,50,000 after selecting relevant G as a construction site and acquiring the company’s goods.
However, the defendant, by entrusting it to the LO for a re-subcontract, has earned property profits equivalent to 43,640,000 won.