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

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

The Defendant is a person who served as a field manager of the D Building Construction Work (hereinafter referred to as “this Construction Work”) in the event that the Victim B Co., Ltd. (hereinafter referred to as “victim B”) contracted by C Co., Ltd. (hereinafter referred to as “Co.”).

1. On October 1, 2017, the defrauded of labor cost via the account in the name of E, the Defendant made a false statement to the effect that “The Nonindicted Party E provided labor for the total period of 173 days from March 2017 to September 17, 2017, and the corresponding labor cost is changed by remitting it to the account in the name of E.”

However, in fact, E provided labor for about four days at the construction site from March 2017 to September 2017, and did not have provided labor for 173 days.

Ultimately, as above, the Defendant, by deceiving F in charge of labor cost payment for the victim company, took over KRW 29,526,200 from October 1, 2017 to G bank accounts in the name of E designated by the Defendant from the victim company, with the total of KRW 27,526,200,000,000, including KRW 27,526,200,000,000 around the third day of the same month, and took over KRW 705,80,00 for which E actually provided labor for the four-day period, and took over KRW 28,820,40,00,00 for which E actually provided labor for the four-day period.

2. On August 2017, the defrauded of labor cost using the H’s account was false to the F, a person in charge of payment of labor cost of the victim’s company by telephone, stating that “I is a person working at the construction site of this case, and there is a need for KRW 3 million advance payment to I, which is KRW 3 million in advance to be paid to I, to the H’s corporate bank account in the name of H, which is used within KRW 3 million.”

However, in fact, I worked at the construction site only on April 2017, and thereafter, I worked at the construction site of the Geongnam-gu Seoul Metropolitan City Spawdong Hospital, which is unrelated to the victim company, in accordance with the direction of the defendant.