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

Punishment of the crime

From May 2017 to August 2017, the Defendant was a person who was working as a site warden at the construction site of a new site of a living facility near the third ground C performed by the Victim B Co., Ltd. (hereinafter “victim”) from around May 2017 to around August 2017, and the Defendant had a duty to set an appropriate construction cost and pay the transaction price accurately at the time of concluding a contract with the subcontractor for the victim company.

Nevertheless, the Defendant got the victim company to remit the amount of construction price to the trading company by neglecting the above duties of the said business, etc., and then, the Defendant got back the amount unrefilled from the subcontractor to be used for the personal use of the Defendant.

The Defendant, around June 8, 2017, subcontracted a waterproof and painting construction work to D, but, in addition to waterproof and painting construction, he/she prepared a construction contract as if he/she subcontracted it to D, and submitted it to the victim company and had the victim company manage it on or around June 9, 2017.

D The transfer of KRW 40 million to E account in the name of the unclaimed construction cost, and around that time, it was transferred to F's account by the Defendant's wife and used it.

The Defendant, at the construction site around June 2017, subcontracted a favorable construction project to G with the amount of KRW 35 million, the Defendant prepared a construction contract by withdrawing the construction amount to KRW 55 million, and submitted it to the victim company to the victim company to transfer KRW 55 million, which is the amount less than the actual construction price, to G around that time. On June 26, 2017, the Defendant: (a) around June 27, 2017, from the account in the name of G related to G Co., Ltd. to the Defendant’s name; and (b) around June 28, 2017, from the said account in the name of G related to G Co., Ltd. to the said F’s name; and (c) around June 28, 2017, from the said account in the name of H to the said KRW 5 million account in the name of the said F.