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A defendant shall be punished by imprisonment for six months.
However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
From July 2015 to November 2015, the Defendant was engaged in the management and supervision of the entire process of construction, including the selection of a subcontractor, a written estimate, and the confirmation of materials storage, while working as the field supervision of the On-ground Housing Corporation in Seongdong-gu Seoul, Seongdong-gu, Seoul.
1. The Defendant in occupational breach of trust, as a field director of the above construction site, has a duty to examine the estimated amount of construction costs or materials payments, and prepare and report an appropriate amount of construction costs or materials payments to the subcontractor so that the victimized party does not pay an excessive amount, and there was a duty to prepare and report an amount of expenditure less than the amount to be actually paid.
Nevertheless, on September 7, 2015, the Defendant violated his/her duties and stated in the letter of expenditure (hereinafter “F”) that “The construction cost to be actually paid to a business entity” was KRW 5,150,000,000, and then reported it to the victim. 5,150,000,000, after deducting the amount of KRW 5,150,000 already paid by the victim, shall be remitted to the said business entity around that time, and on September 23, 2015, the Defendant received KRW 5,150,000 from the bank account in the name of G.
In addition, the Defendant, from that time until November 28, 2015, got the victim to transfer the cost of construction or the cost of materials at least four times more than the amount to be actually paid to the subcontractor, such as the statement in the list of crimes attached hereto, and received a total of KRW 11,010,000 from the subcontractor, and acquired the same amount of financial benefits.
2. The Defendant shall exercise the right to compel D to pay the construction cost softened on September 2015 or October 10, 2015, as provided in paragraph 1.