The defendant shall be innocent.

On May 28, 2018, the Defendant in the factory room prepared a false statement of daily labor cost payment as he/she provided labor to E, a victim-based warden, although workers, such as Ansan-si, B, and C, were not at the work site from April 1, 2018 to April 30, 2018, although they had not worked at the above work site, the Defendant prepared a false statement of daily labor cost payment as he/she provided labor.

As above, the Defendant, by deceiving the victim and receiving KRW 23,950,000 from the victim under the direct payment of wages on June 4, 2018, by submitting a false statement of payment of daily labor expenses for three times in total as shown in the attached Table of Crimes, such as receiving KRW 23,950,000 from the victim, and acquired it by receiving KRW 96,310,000 in total.

According to the evidence duly examined, the victim-based Dispute Resolution Co., Ltd. subcontracted to FF Co., Ltd. during the instant apartment construction project, and the Defendant was affiliated with F Co., Ltd. and was procuring employees, and such circumstance was the same even after April 2018 when F Co., Ltd requested F Co., Ltd to pay labor costs, etc. to employees in the construction cost.

The facts charged in this case are based on the premise that the payment of construction price to be paid to the F Co., Ltd., which is the subcontractor of the unclaimed construction project, is made according to the number of workers and the number of working days after the actual attendance.

However, according to the witness E, G, and H’s statement and subcontract agreement, the construction cost for F Co., Ltd. in the Dispute Resolution Co., Ltd. has been paid each month according to the work amount, i.e., the work amount, regardless of the number and number of employees who actually worked, and this was the same even after April 2018 when the direct payment of labor cost to workers was made, and the daily labor cost payment statement that the Defendant submitted was the same after the lapse of April 2018. The construction cost payment statement that the Defendant submitted to the Dispute Resolution Co., Ltd. has already become final and conclusive to the Dispute Resolution Co., Ltd. D.