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

Punishment of the crime

On July 2017, the Defendant, while working as the head of the steel team belonging to the D office in the building site C in Seongbuk-gu, Seongbuk-gu, Sungnam-si, the Defendant presented documents such as the receipt of wages from 48 workers belonging to D and demanded them to pay wages to them.

However, even if the defendant received wages from the victimized company, he did not intend to deliver it to the dispatched workers for the personal purpose, but did not intend to use it for the personal purpose.

Nevertheless, the Defendant, by deceiving the victimized company as such, received from the victimized company the total sum of KRW 4,250,000 on July 31, 2017 and KRW 24,200,000, around August 8, 2017, from the victimized company, and acquired it through the Defendant’s F account as wages for workers.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. The president of the H’s complaint;

1. Each investigation report (to be examined, such as whether to submit a power of attorney to receive wages, revision of facts constituting an offense, payment of wages, and consent of wages);

1. Application of Acts and subordinate statutes on details of financial transactions to data submitted (financial transaction statement), data to be submitted (labor cost delegation, etc.), and AI financial transaction;

1. Relevant legal provisions on criminal facts, Article 347(1) of the Criminal Act on the selection of punishment, the reason for sentencing of sentence [the scope of recommending punishment] General Fraud and the basic area (6 to 100 million won) of sentence 1 (6 to 6 months): The range of sentence comparison with recommended punishment: June-1 year and 16 (the decision of sentence] [the decision of sentence] disadvantageous to the defendant: The punishment shall be obtained by deceiving the wages of the workers in order to use them for gambling, such as bicycle racing, thereby causing damage not only to the victimized company, but also to the workers. There is no recovery of damage. Two times (the crime of fraud, embezzlement) of the same criminal records (one time of imprisonment punishment, and one time of fine). The normal court recognized the errors favorable to the defendant, and it is not good that the health condition, such as the development of the order, etc., is not good.