Defendant

A Imprisonment for one year and each of the defendants B shall be punished by imprisonment for eight months.

However, this decision is delivered to the Defendants.

Punishment of the crime

Defendant

A is the actual operator of the F Co., Ltd. (F Co., Ltd.) in Ansan-si E Building 302, and Defendant B is the vice president of F Co., Ltd.

In April 2017, when the Defendants received contracts from the victim I Co., Ltd. for the construction of the Ansan Gtel and the construction of the said H building through J, K, L human resources and service companies, etc., the Defendants concluded that the victim would receive a part of the direct payment due to the shortage of the funds to be paid to the subcontractor, etc. by submitting a false written consent for direct payment to the victim who terminated the shortage of the funds for the operation of the company.

Accordingly, on April 14, 2017, Defendant A, at the FF office, made a false direct payment agreement with Defendant B, stating the number of employees of FF Co., Ltd., and ordered Defendant B to deliver to the victim the victim a false letter of consent. Defendant B, at the direction of Defendant A, consented to the payment of KRW 200,000,000 in the construction cost of the construction cost to be paid to F in return for the following documents under the title “direct payment agreement” in accordance with the direction of Defendant A using the computer.

After indicating “The payment details”, the F Co., Ltd. written written consent of “J, 74,923,670 won, Nonghyup M,” “K, 17,846,310 won, business N,” “L personnel, 12,30,000 won, and nationalO” was submitted to the employees of the victim company.

However, in fact, the account number of direct non-payment recipients stated in the above direct payment agreement was the account number in the name of P, Q and R, an employee of the FF Co., Ltd., and the Defendants thought that the victim transferred the money stated in the above direct payment agreement to each of the above accounts, it was transferred from the nominal holders to the company account.