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Defendant shall be punished by imprisonment for a term of one year and two months.
Reasons
Punishment of the crime
1. On May 2015, the Defendant made a false statement to the effect that “A victim D, who works as the head of the decommissioning team at the construction site, is working as the victim D operating (State) C, and is working as the head of the dismantling framework, while a 10% of the wage at the site of advance payment, shall be paid by the Corporation as a fee, and the construction cost shall be paid by the Corporation at the end of the next month.”
However, at the time of May 2015, the Defendant was under bad credit standing due to the Defendant’s failure to pay approximately KRW 20,000,000 for credit card payments (including interest) without any particular property. On September 5, 2013, the Jeju District Court issued a summary order of KRW 500,000 as a result of the Defendant’s violation of the Labor Standards Act by the Jeju District Court around June 5, 2014, and issued a fine of KRW 500,000 to the Defendant’s violation of the Labor Standards Act. Even if the Defendant received the construction cost from the construction company, the Defendant was required to pay the unpaid portion’s wages or used for the settlement of the Defendant’s personal living expenses, entertainment expenses, etc., and thus, the Defendant did not have any intent or ability to pay monthly the paid portion’s wages.
Nevertheless, on September 1, 2015, the Defendant prepared a work receipt to confirm that he/she: (a) mobilized 12 persons, such as H, from the construction site of the G in Seopo-si on September 1, 2015, to F, who is an employee of the C Office located in Jeju-si; and (b) submitted it as if he/she would settle it normally after one month; and (c) received KRW 1,404,00 from F, an employee of the victim, as the advance payment for human wage.
From around that time to October 26, 2015, the Defendant received a total of KRW 95,121,000 through the same method over a total of 123 occasions, as shown in attached Table 1.
2. The Defendant is a person who works as the head of the decommissioning team at the construction site, and is a victim D who operates (State)C around May 2015, who takes the deaf-mutes from the inside of the construction site.