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Defendant
A shall be punished by imprisonment with prison labor for eight months, and imprisonment with prison labor for one and half years.
However, as to Defendant A, this shall not apply.
Reasons
Punishment of the crime
Defendant
B The victim E Co., Ltd. (the change to FF Co., Ltd. on December 31, 2014) was engaged in business activities such as the selection of a company related to the company, the conclusion of a contract for construction and facility contracts, etc. on behalf of the deputy management support.
Defendant
B In the process of the project to select the victim company related to the victim company, it is necessary to review the quotation submitted by the company that wants to receive the project and confirm the appropriateness of the estimates, reflect the contents of the estimates as it is, and prepare a written statement of the estimate in comparison with the estimate between the companies, and then obtain approval, the victim company has the duty to select the appropriate price for the project in Korea and to perform the project.
1. Defendants B, in violation of the above duties, voluntarily selected the construction company with Defendant G employees, who were entrusted with the management of the building by the victim company, and received a written estimate for the adequate construction cost, and had the victim company perform the construction work in accordance with the said written estimate.
Accordingly, around April 12, 2010, the Defendants submitted a written estimate with a unit price of 700,000 won higher than the appropriate amount calculated in I in handling the affairs related to the construction of the local heating heating system repair works ordered by the victim company at the victim company office located in Yeongdeungpo-gu Seoul Metropolitan Government. The Defendants entered into a contract for repair works with I as the incidental construction cost as above, and subsequently returned KRW 700,000 from I.
From April 12, 2010 to October 7, 2014 in collusion, the Defendants acquired 142,350,000 won in total through 33 times, such as crime inundation (1) in total, and caused damage equivalent to the same amount to the victim company.
2. Defendant B’s sole criminal conduct
A. Defendant B is the victim at the office of the above victim company around March 23, 2012.