A defendant shall be punished by imprisonment for one year.

Punishment of the crime

On May 30, 2013, the Defendant was sentenced to two years of imprisonment for the crime of occupational embezzlement at the Goyang District Court's Goyang District Court's office, and the judgment became final and conclusive on December 6, 2013.

The defendant is in the position of the victim E and each of the representatives in Seocho-gu Seoul Metropolitan Government, the purpose of which is telecommunications construction work, and operated the company in the separate form.

On October 1, 2009, the Defendant made a false statement to the above E at the F apartment construction site office in the Gyeonggi-si, the Gyeonggi-do, stating that “In fact, G and construction are currently being carried out, and materials and personnel expenses are urgently needed. There are progress payments from G. It is true that E would be responsible for the payment of materials, etc. under his/her name if the president issues bills in his/her name so that he/she can pay the materials, etc., and that he/she will settle the payment of the bills.”

However, the Defendant had been in excess of the obligation due to the failure to receive orders for construction works for a period of five years without any property at the time, and the construction works supplied from G had been carried out in an appropriate state due to the occurrence of wage and material cost. Even if a bill was issued by the victim as above, it was thought that he/she would make a set-off claim against him/her due to the borrowing of bonds in dispute with him/her, and there was no intention or ability to pay the price in accordance with the payment date of each bill promised.

Nevertheless, the Defendant deceiving the victim as above, and then issued 11 copies of the Promissory Notes H, issue amount of KRW 30,80,000,000,000 from the above site office on October 1, 2009, and one promissory note in the name of D (State) dated February 10, 2009 on the date of issue on October 1, 2009, as shown in the list of crimes in the separate sheet, and acquired property benefits equivalent to the same amount in total from October 1, 2009 to April 14, 2010.

Summary of Evidence

1. Each legal statement of witness E and I;

1. The prosecution of April 29, 2014 against the defendant.