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

On July 2015, the Defendant entered the victim B Co., Ltd. established around around July 2015 as a field warden and has performed duties such as entering the contract, construction supervision, and application for gold, etc. of the subcontractor in the construction site conducted by the victim company.

The defendant, with the knowledge that the victim company has started construction business, concluded a contract with the subcontractor with the fact that it is well aware of the procedures, methods, etc. for calculating and paying down payment of down payment and down payment related to construction work, and had the subcontractor enter into a contract with the subcontractor more than the construction cost originally required, and had the subcontractor receive a certain amount of money and receive it from the subcontractor.

On May 10, 2016, the Defendant: (a) at the office of the Company B located in Ulsan-gun Co., Ltd. in Ulsan-gun, Ulsan-gun; (b) at the representative D of the Victim Company and the F new construction works in Ulsan-gu, Ulsan-gu, the Defendant prepared an application for subcontract approval to conclude a subcontract contract with KRW 1.5 million for G, a steel-line construction business entity, and KRW 93 million for H, a civil engineering mold construction business entity, respectively; and (c) submitted it to the victim company.

However, in fact, even though the construction cost to be contracted with the above G was equivalent to KRW 69 million, it was concluded with a false amount. The construction cost to be contracted with the above H was KRW 65.4 million, and the construction cost to be contracted with the above H was submitted with a false amount of KRW 27.6 million.

Defendant: (a) deceiving the victim company; (b) caused the victim company to be immediately paid KRW 44.6 million to the above G around June 16, 2016; and (c) returned KRW 20 million from the above G to the Japanese bank account in the name of the Defendant; (d) paid KRW 27.39 million to the above H around June 17, 2016; and (e) returned KRW 10 million from the above H to the above account; and (e) received from February 6, 2016 to September 13, 2016 the total amount of KRW 90,700,000 from around 15 times, as indicated in the daily list of crimes.

This is the defendant.