A defendant shall be punished by imprisonment for not more than ten 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

The Defendant, from August 2, 2014 to March 31, 2016, worked as the director of the victim D Co., Ltd. D in C, and from October 2, 2015 to March 31, 2016, he/she has been engaged in the tasks such as the personnel management of Samsung Electronic Oil Pipeline Corporation, wage application, and the settlement of accounts of construction amount, etc. in Samsung Electronic Plant that the victim received from E.

In this case, as a construction manager, there was a occupational duty to manage and supervise the number of persons invested in pipeline works, and accurately calculate and report the work details, so that the company can pay appropriate labor costs according to the actual work details.

Nevertheless, on November 2, 2015, the Defendant prepared a false work log with the actual number of employees on the same day at the above company's office at around five (5), three (4) employees per week, and (5) employees on the same day, and prepared a false work log with six (6) employees on the same day from March 28, 2016 to March 28, 2016, and submitted a monthly work cost claim to the victim company's employees on the basis of the false work log as if the number of employees engaged in the actual work was more than that of the actual work, and submitted the victim to pay the labor cost of 66,375,000 won to the head of the Government Enterprise G, as stated in the attached list of crimes.

As a result, the Defendant obtained the benefit of property equivalent to KRW 66,375,00 from G, and suffered a loss equivalent to the same amount from the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of the protocol concerning the examination of suspect concerning G to the prosecution;

1. Application of the police statement protocol with H (including the list of offenses added) statute;

1. Relevant Article 356 of the Criminal Act, Articles 355 (2) and 355 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order (within the scope of recommended sentence guidelines);

1. Application of the sentencing criteria [the scope of the recommended punishment] the crossing of order is less than 10 million won (the type No. 1).