A defendant shall be punished by imprisonment for one year.

Punishment of the crime

[criminal records] On January 15, 2014, the Defendant was sentenced to three years of imprisonment for criminal fraud at the Suwon Franchis prison on February 26, 2016, and completed the execution of the sentence.

[2] The victim B Co., Ltd. is a company that operated travel business and cosmetics wholesale and retail business from March 2016 to June 2016 in Mapo-gu Seoul, Mapo-gu, Seoul. The defendant sold cosmetics owned by the company to customers and collected the price from the company's employees.

In selling and collecting cosmetics owned by the victim company to customers, the defendant had a duty to prevent damage to the victim company by selling them at approximately 75-80% of the cost of cosmetics at a single level designated by the victim company as well as by performing his/her duty as a good manager.

Nevertheless, the Defendant violated his duties from March 2016 to June 2016, and sold cosmetics owned by the victim company to the customer at salt prices, which are equivalent to about 20% of the unit price designated by the victim company. The victim company reported as if it sold at the price designated, and then made it impossible for the customer to recover the difference between the arm’s length price and salt sales, thereby obtaining property gains of KRW 125,190,50 in total from the customer, and suffered property damage equivalent to the same amount.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the prosecution with regard to D;

1. The written statement of the defendant;

1. Copy of the transaction list, E dialogue details, F bank, H union, I bank, and J bank account transactions, G bank account transactions in the victim's name, and cosmetics entry and release;

1. Previous conviction: Application of Acts and subordinate statutes to inquiries about criminal history and investigation reports (the text of the judgment and personal confinement status);

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;