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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
1. The defrauded: (a) the Defendant was working as a person in charge of the E site work at the E site office at the time when the victim D Co., Ltd. was aware of, around April 15, 2014; and (b) the fact that F had not worked at the said E site, despite the fact that F had not worked at the said E site, the Defendant submitted a false statement to G representative director of the victim D Co., Ltd, stating that “the payment of labor cost for the worker F who had affixed seals from March 1, 2014 to March 30, 201,” and submitted the statement of payment of his labor cost to the victim; (b) the defrauded received KRW 1,760,000 from April 15, 2014 to November 15, 2015; and (c) the Defendant acquired the said statement of payment from the victim to 72,750,000 won on a total amount of 444 occasions, such as the list of crimes [Attachment 1], 301, 201300 days
2. A thief: (a) around June 27, 2014, at the construction site of the above E at the scene of the crime, the Defendant stolen the thief at three horses owned by the victim D Co., Ltd. (or equivalent to KRW 96,00 in the market price); (b) from June 27, 2014 to December 31, 2014, the Defendant stolen it with construction materials equivalent to KRW 4,886,00 in total at the market price owned by the victim six times in the same manner as the part of the daily list of crimes in attached Form (2).
3. On October 18, 2014, while working as a person in charge of the work at the above E site of the victim D, the Defendant embezzled KRW 600,000 of the container deposit returned from “H”, a container lessee, and embezzled it for personal purposes while working in the company bank account under the name of the Defendant.
Summary of Evidence
1. Partial statement of the defendant;
1. Each legal statement of the witness I, J, K, L, M and N;
1. Complaint - Evidence of subparagraphs 1 through 9;
1. Documents attached to a report on investigation (Submission of data by an complainant);
1. Data on embezzlement of labor cost, materials theft, and the right to separate designation;