A defendant shall be punished by imprisonment for five years.

The defendant pays 559,008,000 won to the applicant for compensation by deceit.

3.2

Punishment of the crime

To the extent that there is no concern about substantial disadvantage in the exercise of the defendant's right to defend, each of the above facts constituting a crime is revised.

"2016, 523"

1. On December 1, 2015, the Defendant: (a) entered into a contract with the victim C, who operates “F” in Guro-gu Seoul Metropolitan Government, under which the Defendant would pay the Defendant a daily advance payment of the amount calculated by deducting 10% of the wages of the body of persons used at D’s construction site; (b) the end of April following the end of each month, for example, the end of April, and the end of every month. (c) entered into an agreement with the Defendant to “F” to “the full payment of the wages to the said victim”; and (d) set up a “alternative payment contract.”

Accordingly, the said victim trusted the “work confirmation” sent by the Defendant, which was recorded as if 58 persons were working in KRW 160,000 per day at eight construction sites of D-type, such as branches of the same day, inndo, Incheon, Seo-gu, Dong, Dong, Dong, Dong, Guro, Guro, Jongro, and Yangju, and transferred KRW 8,352,00,000, which was obtained by deducting 10% out of total wages of KRW 9,280,00 per day, to the bank account (H) in the name of the Defendant, from that time until February 13, 2016, as shown in attached Table 1, and remitted KRW 59,00,08,000 in total, from that time until February 13, 2016.

However, the fact was that only the construction site in the form of the construction site indicated in the “work confirmation” that the Defendant sent to the above victim, and the remainder was not only the false construction site, but also the figures themselves, and the Defendant intended to divert the money wired from the above victim as wages for other purposes (hereinafter the same shall apply). As such, the Defendant did not have any intent or ability to repay the full amount of wages to the above victim at the end of the following month.

Accordingly, the Defendant, by deceiving the above victim, received a total of KRW 559,000 from the above victim.

"2016, 549"

2. On April 20, 2015, the Defendant “J” located in Guro-gu Seoul Metropolitan Government first floor 5.