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

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Punishment of the crime

From the end of March 2018 to September 2018, the Defendant is a person in charge of field management and material placement affairs while working as the head of the model team in the apartment site E-si E-si apartment site in which the victim-building management planB (formerly changed trade name: the Co., Ltd.) is contracted by the Dispute Resolution Co., Ltd.

Although the defendant, as the head of the victim's structural frame team, has a duty to use the materials ordered in the name of the victim company only in relation to the E apartment construction, he/she issued a false order for the oil pumps equivalent to the total market value of KRW 33,841,500 from F, which is the material trading office of the victim company, in violation of the above occupational duty, and used them after being delivered to the actual site of the Gangnam-si G Studio Construction in which he/she personally proceeded.

As a result, the defendant acquired property benefits equivalent to 33,841,500 won in violation of occupational duties, and caused property damage equivalent to the same amount to the victim company.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's protocol of statement concerning H and I;

1. [Investigation Report (Submission of Materials to be Submitted to Complainant - Contract for Construction Works, etc.]

1. Application of Acts and subordinate statutes on books, estimates, photographs, tax invoices, invoices, invoices, specifications of transactions, receipts, and deposit details;

1. Articles 356, 355 (2) and (1) of the Criminal Act applicable to the facts constituting an offense;

1. Article 62 (1) of the Criminal Act on the suspension of execution (including the fact that there is no particular criminal history other than minor fines and partial repayment);

1. Probation and community service order under Article 62-2 of the Criminal Act;