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

[2017 Highest 253]

1. On May 2014, the Defendant, on May 2014, committed a crime, committed an act as the head of the Guke Construction Team within the section of “1-2” of the “E development project” among the “E development project” of the Victim D Co., Ltd. Co., Ltd. (hereinafter “victim”) with intent to use the excessive labor cost for personal purposes, such as the Defendant’s other construction site labor cost and construction cost, while performing construction work in the form that the Defendant received labor cost from the victim company and re-paid the employees.

Therefore, the Defendant, at the scene office of the victim company located in the Gyeongjin-gun F, the Defendant, even though the labor cost was calculated as 2,0890,000 won from April 1, 2014 to May 4, 2014 for workers, the Defendant drafted a false statement of labor cost with false content as if the labor cost was calculated as 28,50,000 won, by stating false items such as the number of working days under the statement of labor cost, the unit wage, etc., in the statement of labor cost, and thereby deceiving the victim company by submitting it to the victim company.

The Defendant deceiving the victim company as above, and thereby, acquired the pecuniary profit equivalent to KRW 7.61 million, which is the difference between KRW 28.5 million and the actual labor cost, KRW 2,890,000, which is the difference between the victim company and the actual labor cost.

2. On July 2014, the Defendant, as indicated in paragraph 1, had been working as the victim’s test construction team leader, with the intent to use excessive labor costs that the Defendant received by claiming excessive labor costs to the victim company as stated in paragraph 1, even around July 2014.

Accordingly, the Defendant, at the site office of the victim company located in the Gyeongjin-gun F, and even though the labor cost for workers from May 27, 2014 to June 30, 2014 to June 30, 2014 was calculated as 2,50,000 won, the number of working days in the statement of labor cost, regardless of the fact.