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Defendant shall be punished by a fine of KRW 2,000,000.
If the defendant does not pay the above fine, 50,000 won.
Reasons
Punishment of the crime
The defendant is the representative of Gangseo-gu Busan Metropolitan Government Co., Ltd. D, and E is a person who actually operates the above company with the defendant.
Around December 16, 2011, the Defendant and E entered into a contract to supply 123,488,365 won with the victim (a country) and son (a factory), but additional costs were incurred in relation to the production of the said tea, and subsequently adjusted to KRW 145,20,000 with the victim company and E. Upon the Defendant and E’s prior payment request, the victim company paid KRW 124,50,000 in total over ten times from December 16, 2012 to May 17, 2012.
Meanwhile, around June 18, 2012, the Defendant and E transferred KRW 100 million to the D Company Account at the Changwon-gu Seoul Special Metropolitan City Changwon-si Branch of the Gyeongnam Special Metropolitan City (Seoul Special Metropolitan City), a loan requested by the victim company in relation to the purchase of the above heading.
In relation to the loan of the facility fund of this case, the lending bank has deposited the loan in the account of the applicant for the loan (victim company) and has to deposit the loan again to the bank account of the producer (Defendant and E operation company). In this case, the victim company paid the deposit amount in advance at the request of the defendant and E and decided to deposit the bank loan again to the victim company as the bank loan is received by account transfer. Nevertheless, the defendant and E conspired in collusion with the defendant to deposit the remainder of KRW 70 million after subtracting the amount of KRW 30 million deposited in the victim company from the above loan 100 million, while keeping the remainder of KRW 70 million from the above loan 100 million, around June 20, 2012, at D located in Gangseo-gu Busan Metropolitan City around June 20, 2012, after deducting the amount of KRW 207 million received in relation to the supply list from the victim company and the remainder of KRW 20,200,000,0000,000 from the defendant and other account.