A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Punishment of the crime

The Defendant is a person who was working as a subcontractor at the D Sewerage site at the time when C Co., Ltd. takes orders from February 2, 2009 to September 2009 and performs the installation works after being ordered by Batju Co., Ltd.

When the defendant reported the construction cost, the victim company paid the labor cost, equipment use cost, etc. directly to the construction business operator. However, the defendant reported the construction cost of the sewerage installation works at the same time and received the difference from each construction business operator and received the money additionally from the victim company and received it.

On March 6, 2009, the Defendant falsely appropriated labor costs of KRW 1,500,000 at the construction site and reported it to the victim company. The victim company transferred gold KRW 1,500,000 to E account in the name of E, and received a return again. The Defendant claimed for labor costs or equipment costs to the victim company ten times in total from around that time to September 20, 2009, and acquired KRW 46,334,000 from the victim company.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the prosecutor's protocol of interrogation of the accused;

1. Each statement of the police suspect interrogation protocol for F, E, G, and H;

1. Statement made by the police officer on I;

1. Each report on investigation;

1. Application of Acts and subordinate statutes to contract-related documents, details of purchase and settlement, copies of passbooks, details of account transactions, documents related to construction, receipts, and current status of settlement;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The defendant's criminal act of fraud of this case with the reason of sentencing under Article 62 (1) of the Criminal Act is the fraud of money by means of demanding labor expenses, etc. to the victim.