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 this judgment became final and conclusive.

Punishment of the crime

On December 4, 2018, the Defendant was sentenced to imprisonment for two years with labor for a violation of the Punishment of Tax Evaders Act, etc. by the Suwon District Court on December 4, 2018, and the said judgment became final and conclusive on December 12, 2018.

around April 18, 2017, the Defendant, who is engaged in the construction business in the name of “B,” was awarded a subcontract from “B for the construction cost of the construction work of the second floor house on the D ground of Leecheon-si with the construction cost of KRW 64 million.

On April 19, 2017, the Defendant stated that “The Defendant would give KRW 55 million to the victim E as the construction cost for the repair of equipment and the pelvis construction work,” at the construction site at the same time.

However, the Defendant had no particular property or income at the time, and from around 2015, had been in arrears with the wages of workers at many construction sites, and even if the construction cost is paid with equipment usage fees, etc. and the construction cost is insufficient to perform, the Defendant was merely intended to use it as living expenses, etc., and did not have the intent or ability to pay the construction cost as promised by the victim.

Nevertheless, the Defendant, by deceiving the victim as above, had the victim receive 101 workers from F from May 3, 2017 to May 20, 2017, and completed the 38.6 million won of construction cost, including personnel expenses, while receiving 38.6 million won from C, thereby acquiring 21 million won of personnel expenses.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the examination of partially the defendant's prosecution;

1. A criminal investigation report (including part concerning G statements in the second protocol) on the details of each account transaction in relation to E by the police officer (including the part concerning the statement in the second protocol), a copy of the investigation report on E;

1. Previous convictions: Application of criminal records and investigation reports (reports attached to written judgments and written judgments of suspects A) and statutes;

1. Relevant Articles of the Act and punishment concerning the facts constituting the crime;