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The defendant shall be innocent.
Reasons
1. The Defendant’s charges from around May 3, 2015 to the same year.
7. By the end of 20.20, in the case of a house leased free of charge by the Defendant in Yangju-si from the land owner, the Defendant requested the victim D to do so so and the victim D to pay labor costs, such as wages, when completing the construction work due to employment of on-site figures.
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However, the Defendant did not have any specific income or property at the time and it is difficult for the Defendant to appropriately procure the required materials cost for the construction work. Therefore, even if the Defendant mobilized the victim and implements the construction work, he did not have any intent or ability to pay the agreed labor
Ultimately, the Defendant, by deceiving the victim as above, had the victim provide daily labor at the above construction site during the above period, and had the victim take part in the construction work by mobilization of a number of people through the manpower office, acquired pecuniary benefits equivalent to KRW 500,000,000 per day, including the victim’s wage of KRW 500,000 per day, and the victim’s wage of KRW 500,000,000, under the name of KRW 5,000,000 per day, which was mobilized by the victim in the manner of paying wages to the manpower office.
2. The following circumstances revealed by the evidence duly adopted and investigated by this court: (a) the Defendant, around March 8, 2016, prepared and delivered a power of delegation to the complainant D to delegate the lease contract for housing in Gyeonggi-gun C; and (b) the Defendant, at the prosecutor’s office, prepared and interfered with the power of delegation to pay the complainant KRW 18 million in relation to the circumstance.
Recognizing the fact that the defendant made a detailed statement on the process of recording the post office account number on the back of the power of attorney, and the defendant rejected the statement on the process of preparing the power of attorney after the fact without any special reason.