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

Punishment of the crime

On January 9, 2012, the Defendant stated, “Around January 9, 2012, the Defendant: (a) the victim D operating C at the coffee shop near the Seoul Special Metropolitan City Seoul Special Metropolitan City Seoul Special Metropolitan City Seoul Special Metropolitan City (hereinafter “Seoul Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Party A received a contract for the installation of radio base station from E companies; (b) the funds, such as personnel expenses, are required to be paid immediately as he receives the construction cost if the Defendant lent KRW 60 million to enable E companies to use it as advance payment.”

However, the defendant was unable to pay taxes of approximately KRW 30 million in total due to financial difficulties, and even if he borrowed money from the suspect in danger of being punished due to the violation of the Labor Standards Act due to the failure to pay wages to the other construction work, he did not use it as the above construction cost and did not intend to receive the payment of overdue wages from the E company, so he did not have an intention or ability to receive the payment of the construction cost from the E company.

On January 9, 2012, the Defendant received KRW 60 million from the victim to the Agricultural Cooperative Account in the name of F, the suspect’s wife.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police officer's statement about D and G;

1. Application of the written complaint, information and communications construction contract (E-C), information and communications construction contract (C-H company), electronic tax invoice, duplicate of passbook, payment status of construction price, tax invoice, and certificate of transfer confirmation to the Acts and subordinate statutes;

1. A favorable condition for sentencing under Article 347(1) of the Criminal Act and Article 347(1) of the Act on the Punishment of Criminal Crimes: The fact that the defendant commits the instant crime for the aggravation of management conditions and the payment of wages, etc. is likely to lead to the instant crime, and there is no previous conviction exceeding a fine, and a fine is imposed once around 2004.