A defendant shall be punished by imprisonment for not more than ten months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

The Defendant is a person who works for the Victim C Co., Ltd. in a specialized manner in installing system air conditioners from May 2009 to February 2013, and was in charge of various construction works, such as installing system air conditioners, the selection and conclusion of the subcontractor of the contracted construction, the management of the construction site, etc.

After concluding a subcontract with the payment of the construction cost, the Defendant thought that when the subcontractor receives the construction price from the victim company, he was raising funds by receiving the difference between the normal construction price from the subcontractor and the subcontractor.

On May 201, the Defendant entered into a subcontract to install a consortium in the “D Company” and E-building system for KRW 77,000,000. The said contract price was reflected in the amount of KRW 15,750,000, which the Defendant intended to receive a refund from D Company.

The Defendant entered into a subcontract in violation of the duty to enter into a subcontract contract with a normal construction cost, and entered into the said subcontract in violation of the said duty, and received KRW 15,750,000 from the D Company that received the construction price from the victim company on June 15, 201, the difference of KRW 15,750,000 from the D Company that received the construction price from the victim company to the Defendant’s one bank account in the name of the Defendant’s wife F, as well as transferred from April 14, 2010 to February 4, 2013 by the said method as above from four subcontractor companies, such as D Company, to the said one bank account.

As a result, the defendant in violation of his occupational duties acquired property benefits equivalent to KRW 112,340,000, and suffered damages equivalent to the same amount from the victim company.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol concerning the examination of the accused by the prosecution (including the H substitute part);

1. Statement of the police statement related H;

1. Application of Acts and subordinate statutes to a report on investigation (212 pages of investigation records), investigation report (230 pages of investigation records) and investigation report;

1. Criminal facts;