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

Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment became final.

Punishment of the crime

From July 2007, the Defendant was a victim B’s field manager from July 2007.

On July 11, 2007, the Defendant violated the duty to ensure that an adequate price is paid to the subcontractor of the Corporation, and caused the damaged company to pay the amount exceeding 2 million won by withdrawing the labor cost, etc. compared to the actual construction cost to C, who is the subcontractor of the Corporation, and then transferred the above excess amount to the account in the name of the Defendant from the above C to the account in the name of the Defendant. From that time to May 3, 2010, the Defendant had the damaged company pay the total amount of 61.9 million won to C and D, who is the subcontractor of the Corporation, in excess of the construction cost, and then transferred it to the account in the name of the Defendant over 24 times in total.

Accordingly, the defendant acquired property benefits of 61.9 million won in violation of occupational duties, and suffered damages equivalent to the same amount to the damaged company.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Written complaint (written statement for confirmation of fact, copy of passbook, and detailed statement of deposit and withdrawal transaction);

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant Article 356 of the Criminal Act, Articles 356 and 355 (2) of the Criminal Act, the choice of imprisonment for a crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Suspension of execution under Article 62 (1) of the Criminal Act (including the violation of one's own mistake, the first offender, the details of the case, the circumstances after the crime, etc.);