A defendant shall be punished by imprisonment for not less than eight months.

Punishment of the crime

On December 2, 2017, the Defendant drafted a contract for a construction project with the victim ( oil)C at the site of the Daesung-gu New Construction Project, stating that “The Defendant is awarded a subcontract for the type of mold and concrete construction work at the site of the said construction site,” with the victim company and “the total construction cost of KRW 1.29 billion, monthly completion around October 2018, and payment of labor cost and material cost at (oil)C by receiving monthly documents.”

Based on the “written demand for payment” that the Defendant prepared and submitted to the victim company, the Defendant was able to bring the personnel expenses to the individual labor personnel account in the victim company, thereby raising a list of false labor workers who do not work at the actual construction site at the actual construction site, thereby receiving the remittance of the personnel expenses from the false labor personnel account in the name of the victim company.

On March 9, 2018, the Defendant: (a) stated the personal information of F, G, and H as if he/she actually worked at the aforementioned construction site in the Seodaemun-gu D Building and the “Detailed Statement of Payment of Cost for Work-Based Labor (2 months)” in the “Detailed Statement of Payment of Cost for Work-Based Labor” (2 months); and (b) claimed for labor expenses of KRW 5,284,710 in total to the victim company; and (c) received from the victim company to the F, G, and H account under the name of F, G, and H on March 9, 2018; and (d) subsequently received a transfer from the Defendant to the account of F, G, and H under the name of the Defendant’s wife.

By July 30, 2018, the Defendant continuously transferred 63,247,270 won in total from the victim company to the bank account in the name of F, G, H, and K over five times as shown in the attached list of crimes.

Summary of Evidence

1. Partial statement of the defendant;

1. Protocol of examination of the witness L;

1. Written confirmation of facts of M;

1. Investigation report (investigation into O telephone conversations at the site of N) and investigation report (Investigation into M telephone conversations);

1. Detailed statement of expenses for daily work and labor;

1. (P) The details of the financial transactions in the national bank account in the name of the P, the details of the financial transactions in the national bank account in the name of the C, R, and the details of the financial transactions in the I-registered community credit cooperatives account.