A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Punishment of the crime

On June 5, 2017, the Defendant sent the “data on the Employment Status of Human Resources,” to the effect that “The Defendant is entering into a contract with the victim for civil engineering works at the E-Newly constructed construction site located in Ansan-si, Masan-si, and that “The Defendant would pay human resources necessary for the said civil engineering works to the Plaintiff, and would pay 10% of the construction cost in full upon receiving payment from the office of the principal office,” and sent the “data on the Employment Status of Human Resources,” for the said human resources employed.

However, the Defendant, without any particular property in bad credit standing at the time, was in bad economic situation, such as personal debt worth KRW 15 million, and was in excess of the total construction cost to be paid by the original office. The “data on the Employment Status of Personnel” included the parts that did not actually have been invested in the said construction work, and thus, there was no intention or ability to pay the principal and the fee to the victim as personnel expenses.

Nevertheless, the Defendant: (a) by deceiving the victim as above; (b) transferred KRW 711,00 from the victim to the Nonghyup Bank (G) account in the name of the Defendant’s fatherF for the same day as personnel expenses; and (c) had the victim directly pay KRW 117,00 in cash as personnel expenses; and (b) had the victim obtain pecuniary benefits equivalent to the said amount by having the victim spend a total of KRW 60,01,000 for 81 times from the above date to September 2017 as stated in the list of crimes in the attached Table.

Summary of Evidence

1. The statement made by the prosecutor's office of the defendant in the suspect interrogation protocol (including the substitute part) of the defendant's written statement of each police officer's written statement C, the daily number of workers, payment angle, account transfer details, and credit information are applied to the law.