A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Criminal facts

From January 1, 2009 to December 31, 2012, the Defendant served as the deputy head of the victim E-system business division in Ulsan-gu, Ulsan-gu (hereinafter referred to as “victim E-C”) and was in charge of robot/Automatic design work.

On April 2012, the Defendant received from the English FF Company with respect to “G” construction works ordered by the victimized Company from the English F Company’s office, and was requested from the said F Company to make a temporary bed 7 sets for design experiments not included in the existing construction plan. As a result, the Defendant requested the KF Company to make an estimate to the KF Company H, it was necessary to raise approximately KRW 200 million funds. However, the Defendant was willing to make the said temporary bed sets by converting the budget into the budget for the separate project part where the budget remains because the said construction cost does not remain.

On April 9, 2012, the Defendant entered into a supply contract with the victimized company and IBS Co., Ltd., and prepared a supply contract with the actual price of supplied goods in excess of KRW 385 million, which is calculated in excess of KRW 200 million, even though the actual price of supplied goods is KRW 169,400,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000).

Around September 2012, the Defendant continued to use temporary bed displays in the negotiations with the above FF companies at two sets, and the temporary bed displays at which the use has been completed, upon which the contract has been reduced under the condition to recover again from the delivery company, shall be 152,491,042 won (152,494,042 won “152,49,042 won” of the public action room) and the difference is 63,108,958 won. As such, the Defendant, who is in charge of the design, business, etc. of the damaged company, has the duty to recover the said difference, is in violation of this duty, and thus, shall be excluded from the budget diversion as above.