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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 becomes final and conclusive.
Reasons
Punishment of the crime
From July 1, 2008 to September 13, 2018, the Defendant is a person who has been engaged in the work of mechanical maintenance, business operation, collection, etc. at C Co., Ltd. as a person who has suffered damage in Gyeongbuk-gun B.
1. Occupational breach of trust;
A. On January 9, 2015, the Defendant, as a person in charge of business at the victim company, leased equipment for filing a complaint with the business entity “D”, and even if there were duties to lease equipment owned by the victim company at a reasonable price, in violation of such duties, led the said “D” to lease equipment owned by the Defendant on his/her own, and received rent of KRW 330,000 (the amount calculated by deducting the relevant expenses from the rent, excluding the value added tax), and thereafter, acquired property profits equivalent to KRW 117,00 from around that time to September 13, 2018, the Defendant acquired property profits equivalent to KRW 25,610,998 in the same way as in the attached list of crimes (1) from around 201 to September 13, 2018, and suffered damages equivalent to the same amount from the victim company.
B. On May 7, 2016, the Defendant, as a person in charge of business at the victim company, sold equipment for filing a complaint with the business entity “E,” and even if there was a duty to sell equipment owned by the victim company at a reasonable price, in violation of that duty, led the victim company to purchase equipment owned by the Defendant on his/her own, and acquired pecuniary profits (the amount calculated by deducting the relevant expenses from the sales proceeds excluding value added tax) equivalent to KRW 2,223,00 from the receipt of the payment of KRW 6,270,00, and then, from around that time until August 23, 2018, the Defendant acquired financial benefits equivalent to the total amount of KRW 48,674,087 through the same method, such as the daily list of crimes (2) at the same time, and suffered losses equivalent to the same amount from the victim company.
2. Occupational embezzlement: