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Defendant
A Imprisonment with prison labor of one year and six months, and Defendant B shall be punished by imprisonment with prison labor of one year.
Reasons
Punishment of the crime
Defendant
A is a person who received orders from January 201 to June 2011 by Hyundai Construction Co., Ltd. and works as the head of the damaged company at the site of G Corporation which was subcontracted by the Victim F Co., Ltd. (hereinafter “victim”) and performed overall management of the construction site, such as construction process and execution of expenses at the construction site. Defendant B works as the head of the damaged company’s management division from February 201 to June 201, while assisting Defendant A while working as the head of the damaged company’s management division from February 2010 to June 201.
1. The Defendants’ joint criminal conduct (occupational embezzlement) by falsely appropriating labor cost (labor cost) from the victimized company, received remittance from the victimized company to the account in the name of the false labor holder who did not work at the above construction site, and withdrawn it in cash, or falsely or excessively appropriated the cost of external labor cost, equipment cost, materials cost, etc. to be transferred from the victimized company to the account of the outboard labor business operator, etc., and received the difference from the victimized company to the account of the outboard labor business operator, etc., or raised the difference by receiving the refund from the Defendant B, with the intent to use the difference for the personal purpose such as the living cost of the Defendants, entertainment cost, and entertainment cost related to the
Defendant
A On April 4, 2010, at the above construction site office of the victimized company located in Gwangju City, Gwangju, Defendant B instructed Defendant B to create KRW 40,000,000 from KRW 20,000 to KRW 40,000 in each month through the cost of the H labor cost, equipment cost, and materials to be used separately in a necessary place by the head of the site office. Defendant B, on May 4, 2010, applied for payment by appropriating the amount of the I’s labor cost not working at the above construction site, and then, Defendant B applied for payment by appropriating the amount of KRW 1.62,00,000 from the victimized company to the account of the community credit cooperative (J) of the said I as labor cost and withdraw it in cash.