A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Criminal facts

The Defendant is awarded a contract for the construction of the 24 household household housing and 28 household studio-type residential housing (hereinafter “instant construction”). The above B is in charge of contracts and the authorization and permission of government offices, and the Defendant promises to perform construction-related work, such as approval and material management, and divide the profits therefrom into 5:5, and establishes a victim D Co., Ltd. (hereinafter “victim”) and manages the funds. On June 11, 2018, the Defendant was appointed as the inside director of the victim’s company, and the Defendant was appointed as the representative director of the victim’s company, and the Defendant was in charge of managing the funds therefrom from around that time.

Around March 19, 2018, the Defendant, at the victim’s office located in the Namyang-ju F, transferred the construction cost from the owner of the instant construction to the post office deposit account in the above E’s name, and was in the course of business for the victim’s company, and embezzled KRW 1,500,000 for the Defendant’s wife G at his/her own expense from the above office around August 28, 2018, as shown in the list of crimes, by arbitrarily consuming KRW 86,091,040 for seven times from that time until December 17, 2018.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. The police statement concerning B;

1. The standard contract form and agreement on each private construction project;

1. A detailed statement of account transactions with D Corporation to be submitted by the complainant;

1. Details of receipt of the progress payment E individual account and details of use of the progress payment A at C on-site;

1. Application of the Acts and subordinate statutes to the results of inquiries about details of transactions;

1. Relevant Article of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act (Overallly, the choice of imprisonment with prison labor);

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The types of recommendations according to the sentencing criteria;