A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Criminal facts

The Defendant, a victim company located in Yeongdeungpo-gu Seoul Metropolitan Government D, was engaged in the business management of the subcontractor and the construction site management at the Party (E), and each subcontractor sent a written estimate of construction cost after calculating the construction cost, and submitted it to the representative director of the victim company I for approval, and played a role in remitting the final order amount to the subcontractor.

On March 16, 2011, the Defendant received a written estimate of the construction cost from Q, a subcontractor, in the office of the Victim Company, from Q, and prepared an external order based on the estimated price, and received approval from I, a representative director of the Victim Company, by stating that it is a true construction cost.

However, even though the construction project was not implemented as much as the amount stated in the said written estimate, the Defendant intended to receive benefits from the Defendant’s account to return it to the Defendant’s account to the extent that there is a difference between the actual construction cost and the amount stated in the written estimate.

Around March 21, 201, the Defendant: (a) had the victim company transfer the sum of KRW 891,00,000, KRW 150,000 around April 1, 201, and KRW 7,820,000 around April 20, 201 to the “ Q” account; (b) had the victim company receive KRW 3,60,000,000, which is less than the actual construction price, from among which the Defendant received KRW 3,60,000, which is less than the actual construction price; and (c) obtained by the Defendant’s return to the Agricultural Cooperative (N) account in the name of J used by the Defendant; and (d) from around that time to July 23, 2012, the victim company received KRW 274,404,500 in total as the payment of the construction price for the 18 enterprises, and then acquired it by fraud by means of receiving it.

The written indictment shall include the total amount of the money obtained by deception in KRW 274,40,500, but it shall be attached to the written indictment.