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A defendant shall be punished by imprisonment with prison labor for not more than ten months.
Reasons
Punishment of the crime
The Defendant, as a field manager of the Chungcheong-gun C Construction Site in progress by the victim B corporation, was a person in charge of the construction site affairs, such as the request for construction cost, site construction, human management, general affairs, etc., with the head of the site office D, who is in charge of the work site affairs, and when paying materials to the subcontractor or paying labor expenses to the subcontractor, despite the duty to ensure that the subcontractor would pay the materials cost or pay labor expenses to the subcontractor, he/she would have the subcontractor issued a false tax invoice for processing or worked in the workplace with the subcontractor who is not the on-site employee, and had the subcontractor receive the payment from the subcontractor and received it.
1. Occupational breach of trust, fraud;
A. On July 2015, the Defendant related to material costs requested payment to E in violation of his/her duty, as if the construction cost to be paid to E was KRW 7,700,000, inasmuch as there were occupational duties to claim payment only for the material actually supplied to the Victim B Company.
However, there was no money to be paid to E, and 7,000,000 won, except value-added tax, was returned from E.
The Defendant, by claiming the victim to make a false statement of the price of materials, had the victim deceiving the victim, thereby remitting KRW 7,700,000 from E on August 11, 2015, and then had the victim transfer KRW 7,700,000 from E on the pretext of the construction cost, excluding value-added tax, and acquired pecuniary benefits equivalent to KRW 7,70,00, and incurred losses to the victim from around that time to February 3, 2016, and then transferred KRW 39,335,00 in total five times in total from that time to February 3, 2016 by the same method as in the list of crimes in the same manner, and then, transferred KRW 35,760,700 among them to the Corporation.