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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
From April 2013 to July 2014, the Defendant is a person in charge of overall control over the construction site of a new building constructed by a victim B Co., Ltd. (the representative C, hereinafter “victim”) under a subcontract.
1. The Defendant, from April 2013 to July 201 of the same year, worked for the victim company located in D from April 2013 to July 2013 as a person in charge of early construction work at the construction site of the apartment complex that was subcontracted and constructed. F’s statement of payment of daily work cost on April 2013, and submitted it to the victim company for labor cost.
However, in fact, F did not have provided labor at the site of the above work site, and the Defendant was claiming labor cost by preparing a false statement of payment of daily work cost.
Around May 22, 2013, the Defendant, by deceiving the victim company, received labor cost of 871,000 won from the victim company to the bank account in the name of the F Bank.
In addition, from around that time to June 3, 2014, the Defendant received the total labor cost of KRW 55,554,693 from F, G, and H accounts over 31 times, such as the list of crimes in the attached list of crimes.
2. Around December 5, 2013, the Defendant: (a) provided that the victim company located in Chuncheon-si I worked as a person in charge of the early construction site at the J apartment construction site that was subcontracted and constructed; and (b) provided that the victim company “in an urgent need to give KRW 5 million to K of Y in order to facilitate the field work” to the victim company.
However, in fact, the defendant did not request K to pay on-site management expenses, which is the principal office, and the defendant thought that K would have the victim's company pay its debt on behalf of the principal office.
The Defendant, as such, deceiving the victim company, and cause the victim company to remit five million won from December 5, 2013 to the account in the name of K around December 5, 2013.