A defendant shall be punished by imprisonment for six months.

Criminal facts

The Defendant agreed to manage the subcontracted D Private Investment Project site by the victim C Co., Ltd., to employ the Defendant’s workers, manage the work while paying construction cost, pay the Defendant’s wages to the employees, and the Defendant received 94.39% of the construction cost that the victim would receive.

1. On October 12, 2015, the Defendant submitted a statement of payment of daily workers for daily use in September 2015 to the victim’s employees at the D Public-Private Partnership Project site located in Ansan-si, Nansan-si, and subsequently, stated the name of “F” in the said statement and claimed wages of KRW 4,200,000 in the F’s name as if the F had worked at the said site.

However, in fact, F did not have a right to claim wages in F name, because F did not have worked at the above site.

The Defendant, as such, by deceiving the victim, received KRW 4,104,390 from the victim’s account in the name of F on the same day, and received KRW 51,161,960 over 13 times from the victim, such as the list of crimes in the same manner from around that time to April 12, 2016.

2. On April 12, 2016, the Defendant submitted a detailed statement of payment of daily workers employed by the victim to the employees of the victim at the D Public-Private Partnership Project site located in Ansan-si, and filed a claim for KRW 5,129,280 in the Defendant’s name, stating the Defendant’s name in the said statement as if the Defendant was a daily employee who could claim wages.

However, in fact, the Defendant concluded that 94.39% of the construction cost should be paid later from the injured party and the wages should not be paid separately. Therefore, the Defendant did not have the right to claim wages from the injured party.

As such, the Defendant deceivings the victim and deceivings KRW 5,00,039 on the same day from the victim to the Agricultural Cooperative account (Account Number G) of the Defendant.