A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Punishment of the crime

On October 23, 2019, the Defendant sent a phone call to the victim B and sons of the victim, the director of the “C” vocational placement office, at a place where it is unknown on October 23, 2019, and thereby inserting a task force to dissolve and arrange the F Corporation located in Yeonsu-gu Incheon Metropolitan City E from October 25, 2019. Under the same conditions as the existing other construction sites, the Defendant would pay the personnel expenses on the day to the Plaintiff and return the amount, including 5% of the fee, to the Plaintiff, who received the payment from the implementing company for construction expenses, and received the payment for the labor expenses.

“.....”

However, as the Defendant completed the FF dismantling and rearrangement work around February 11, 2020, the Defendant continued to receive personnel expenses related to the said F FF work from the victim without any occurrence of personnel expenses, and continuously entered the name of the two in the daily slips (hereinafter “Sra”), and then delivered the said daily slips to the victim from February 12, 2020 to March 6, 2020, to receive 2,5860,000 won in total from the damaged to the Defendant’s account (G) in order to use them for personnel expenses and personal living expenses in other construction sites.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made in relation to D and B;

1. A complaint;

1. B’s deposit details, false daily transfer details, application of Acts and subordinate statutes on account transactions;

1. Relevant Article 347 of the Criminal Act and Article 347 of the Criminal Act and the choice of punishment for the crime;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Grounds for sentencing under Article 32(1)3 and Article 25(3)3 of the Act on Special Cases concerning the Promotion, etc. of Lawsuits to Dismiss Application for Compensation Order (the scope of liability for compensation is not clear and it is not reasonable to issue an order for compensation in the criminal procedure)

1. Scope of punishment by law: Imprisonment with prison labor for not more than ten years;