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Defendant shall be punished by a fine of KRW 4,000,000.
If the defendant does not pay the above fine, 50,000 won.
Reasons
Punishment of the crime
From March 8, 2012, the Defendant had been working as a site warden at the 4th River Environment Improvement Project site site located in the "D Company" operated by the victim C from March 8, 2012.
When the defendant receives a claim for progress payment from the subcontractor every month and reports it to the D company, the defendant has taken advantage of the fact that the D company pays the price to the subcontractor based on the defendant's report, and has received the money by means of receiving the return from the subcontractor.
On March 2012, the Defendant filed a false claim of KRW 36,986,00 on February 2, 2012, the F Company’s “F Company”, which is a tree supply business entity, for the payment of KRW 32,961,00,00 in the office of the field work for the fourth river environment improvement project for the first time, after allowing the victim who believed the payment to be true to transfer KRW 36,986,00 to the F Company, and then requiring the victim who believed it to be true to transfer it to the F Company.
5.2. Around June 2, 2012, the F Company received 2,500,000 won from the Defendant’s wife G account to return the same amount to the Defendant’s wife G account, and acquired 19,491,000 won in total through 10 times by the aforesaid method until June 2012, as shown in the separate crime list.
Summary of Evidence
1. Defendant's legal statement;
1. Each protocol of suspect examination of the police against the accused (including a substitute part withC);
1. Statement to C by the police;
1. Application of Acts and subordinate statutes to evidentiary materials, such as a complaint, statement of transactions, and the list of crimes;
1. Article 347(1) of the Criminal Act applicable to the relevant criminal facts and Article 347(1) of the choice of punishment (generally, choice of fines);
1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;