The Defendant, from May 1, 2016 to October 18, 2016, worked as a site warden of the D Co., Ltd. that is in charge of partial construction of the “C” ordered by the headquarters of the Daegu North Korean central headquarters of the Korea-U.S. Corporation, and was in charge of the purchase of materials and labor cost claims, etc., and the victim E Co., Ltd is a company that received a subcontract for electrical construction from the said company.

Since D Co., Ltd. paid labor costs and material costs directly to human and material enterprisers in the above electrical construction, damage companies, which are subcontractors, could only receive the remainder after deducting D’s amount of labor cost and material cost directly executed from the construction cost originally paid.

around April 30, 2016, the Defendant submitted to D Co., Ltd. a false invoice with the content that he/she worked at the above construction site even though G and H had not worked at the above construction site, and it received KRW 2,939,020 in the name of labor cost from D around May 20, 2016 and received KRW 2,939,020 in the name of labor cost from D Co., Ltd. to September 30, 2016, and received KRW 27,193,940 in total as labor cost from D Co., Ltd. to September 30, 2016, and received KRW 27,193,940 in total as labor cost from D Co., Ltd. to each damaged Co., Ltd. for eight times from September 30, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspect of the police against J;

1. Statement made by the prosecution to K;

1. Each police statement made against L, M, or N;

1. Application of Acts and subordinate statutes to each transaction statement, a report on execution of funds and written request, a statement of transaction, output information for daily use, a ledger of payment of wages for daily workers, and a transfer statement;

1. Article 347 (1) of the Criminal Act and the choice of punishment for the crime, Articles 347 (1) of the Criminal Act and the choice of imprisonment;

1. The reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act for the aggravation of concurrent crimes [the scope of recommended punishment] of type 1 (the amount less than 100 million won).