A defendant shall be punished by imprisonment for not more than ten months.

Punishment of the crime

The Defendant stated that, around September 2014, the Defendant would settle the wages as of the end of each month, if D pays to human resources every day, to E belonging to the injured company that had previously traded in the victim D office located in Guro-gu Seoul Metropolitan Government (hereinafter “C”) around September 2014.

However, the defendant, without any special property, received progress payment in three sites of construction site in installments, and appropriated the remainder to the labor cost and material cost, and there was no intention or ability to pay wages to the damaged company even if the human resources are supplied by the damaged company, because the remaining money is used for the living cost.

As such, the Defendant, by deceiving the above E from September 2, 2014 to December 13, 2014, acquired property benefits equivalent to KRW 100,200,00 in total, including KRW 32,985,00 for October, 10, KRW 37,170,00 for November, and KRW 5,35,000 for December, 2012, after being supplied with about 100,690 daily human resources at three sites of new construction works performed by the Defendant from around December 13, 2014.

In this respect, the defendant got profits from property by deceiving the damaged company.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. Investigation report (verification of deposits for progress into suspect accounts);

1. Records of each advance payment, and the application of the statutes of the work confirmation receipt;

1. Relevant Article 347 (1) of the Criminal Act concerning the facts constituting the crime, Article 347 (1) of the Criminal Act selection of the penalty, and reasons

1. The basic area (one year and four years) of Type 2 (not less than 100 million won, and less than 500 million won) shall be the scope of morale according to the sentencing criteria; and

2. Determination of sentence shall be sentenced in that the amount of damage in this case exceeds KRW 100 million and the amount of damage has not been recovered most.

However, the fact that the defendant confessions the defendant, repents his mistake in depth, and pays 30 million won out of the amount of damage.