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

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On June 21, 2018, the Defendant was sentenced to the suspension of the execution of the imprisonment with prison labor for a violation of the Labor Standards Act at the Daegu District Court on April 21, 2018, and the judgment became final and conclusive on June 29, 201

On March 2010, at a coffee shop where it is impossible to know the trade name in the Busan Eastdong-gu, Busan, the Defendant stated that “AC is known,” to the victim B, “AC will be employed as a national major teacher of the above private school if C is paid KRW 50 million in the form of borrowing, and C will be employed as a national major teacher of the above private school,” and the Defendant and C would be issued to the victim as a national teacher of the above school if C is a student of the same coffee shop in March 2010.”

However, even if the defendant and C received the above money from the victim, they did not have the intention or ability to have the victim employed as a private school teacher.

As such, the Defendant conspired with C to deceiving the victim, and received on March 30, 2010, a copy of the above coffee check from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Application of Acts and subordinate statutes to a report on investigation (E telephone statement), a report on investigation (E phone call inquiry), an investigation report (Attachment of a warrant of search, seizure, verification and reply, and specification of a check issuer);

1. Article 347(1) and Article 30 of the Criminal Act; the choice of imprisonment with labor for the crime;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of punishment by law: One month to ten years of imprisonment;

2. The scope of recommendations according to the sentencing guidelines (the determination of types) shall be limited to the range of recommendations [the range of punishment [the category 1] and the amount below the amount of 100 million won [the amount of special punishment]: In the area of mitigation of punishment [the area of recommendations and the scope of recommendations], imprisonment with labor for one month through one year;

3. Determination of sentence: The crime of this case appears to have been led by C, and the criminal profit also appears to have been acquired by C, and the defendant.