Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Punishment of the crime

From September 2008 to February 2, 2009, the Defendant was the victim C Co., Ltd. at the site of D construction subcontracted from Posco Construction.

The Defendant entered as if he had worked for 26 days in the daily labor cost claim list from October 3, 2008 to October 31, 2008, the daily labor cost of KRW 150,000, a unit of 150,000 each in a unit of labor cost from October 31, 2008 to October 31, 2008, and then filed a claim with the victim who is unaware of such fact for labor cost and received KRW 3,810,000 from the damaged party to his relative GF Bank account (H) around November 20, 208, and received KRW 3,810,00 from around that time to January 19, 2009 by the above method as stated in the daily labor cost claim list.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of a witness I;

1. Part of the witness J’s legal statement;

1. A protocol concerning the examination of the police officer in G;

1. Application of a detailed statement of deposit transactions (A) and a detailed statement of account transactions in the Nonghyup Bank;

1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 of the choice of punishment (a comprehensive determination of fines);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Determination on the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act

1. The essential point of the argument is that the president of the victim company was authorized by K, and the victim company was forced to claim wages for the use of expenses, but did not deceiving the victim company.

2. The following circumstances acknowledged by each evidence set forth above, ① the actual management owner K of the victim company and I in charge of accounting affairs of the victim company are married family members, and I did not grant such approval, and there was no reason to claim wages for the use of expenses at the time.

On the other hand, the defendant made a statement, while the defendant is against it.