A defendant shall be punished by imprisonment for not less than one year and six months.

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

Punishment of the crime

From October 11, 2004 to July 31, 2015, the Defendant is a person who works for the victim B Co., Ltd. that produces and supplies a concrete steel mold for a large construction project and has been in charge of ordering construction works.

Meanwhile, on December 1, 2103, the Defendant, as the representative of the Defendant, has separately established the “C” company, as if he/she run a concrete cleaning machine business.

1. On July 2, 2012, the victim of breach of trust related to the removal and removal of pumps outside the D Corporation completed the construction work under a contract from E Co., Ltd. for the manufacture and installation of the “D mining pumps”, and thereafter, the victim of breach of trust agreed to KRW 20,900,000 per set and received the construction cost.

The Defendant, who was the person in charge of the construction site, had occupational duties, such as submission of written estimates and maintenance of contracts, in accordance with the above agreement, so that the victim company can continue to perform the work of dismantling, moving, and installing the remaining external pumps.

Nevertheless, on February 2015, the defendant could not proceed with the construction because the unit price per group is too low for the victim company, so he would waive the construction work.

The victim company means "the rest of the decommissioninging mobile work by E Co., Ltd." and the victim company is to complete the remaining decommissioning mobile work directly.

(2) On February 2 through 4, 2015, the Defendant completed the aforementioned construction works by receiving three minutes from the said “outboard moving installation works” in the name of the said C, and received KRW 62,700,000 from the E Company on May 2015, 2015.

As such, the Defendant acquired the pecuniary advantage equivalent to KRW 62,700,000 of the construction cost in violation of his duties, and caused property damage equivalent to the same amount to the victim company.

2. The victim of breach of trust relating to construction works, such as inflows into the F Corporation, shall be the company.