A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Criminal facts

【Criminal Records of Crimes】 On August 9, 2016, the Defendant was sentenced to a suspended sentence of two years for a violation of the Labor Standards Act at the Ulsan District Court, and the said judgment became final and conclusive on June 2, 2017.

【The Defendant was the representative director of an enterprise engaging in construction business, such as steel reinforced concrete and steel reinforced construction, with the trade name of “C”, and the said company was awarded a subcontract for the construction project of E elementary school in Ulsan-gu, Ulsan-gu.

On August 2014, the Defendant called in cooperation with the Victim Co., Ltd., Ltd., in a horizontal 125-2, which was carried forward by Jincheon-gun, Chungcheongnamcheon-gun, the Defendant would pay the leased price of the temporary materials if the Defendant leases other temporary materials, such as the sn beamline necessary for the construction site of the Ulsan-gu E Elementary School.

“A false representation was made.”

However, in fact, the Defendant started subcontracted construction work without any own capital from the beginning, and was under serious financial pressure due to demand for the payment of the expenses for meals, equipment rent, and labor cost of workers at the construction site. Since there was a debt and delinquent tax amount equivalent to approximately KRW 200 million, the Defendant did not have the intention or ability to pay rent, etc. even if he rents temporary materials from the injured party.

Nevertheless, the Defendant, as seen above, did not pay rent, etc. even if he had the temporary materials pipes, etc. equivalent to KRW 9,790,941 from the construction site of E elementary school around August 31, 2014 from the victim’s deception to the victim, and had the said victim received temporary materials equivalent to KRW 23,980,478, including rent, transportation fee, etc., from the above date to October 31, 2014.

In this respect, the Defendant acquired pecuniary benefits by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A detailed statement of rent, a detailed statement of occurrence of transportation expenses, a statement of entry and release by customer, a copy of the business, and a power of attorney.