A defendant shall be punished by imprisonment for not less than eight months.

However, 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 December 4, 2015, the Defendant, at the D office operated by the victim C in Seo-gu Incheon, Seo-gu, Incheon, stated that “I will collect the test fee to be attached to D and receive the cash from the construction company later at a time,” and “I will receive the cash from the construction company at the later point of time,” from December 4, 2015 to December 24, 2015.

However, even if the defendant receives the wage from the victim first, he did not have any intention or ability to work as a steel work in the above construction site.

As above, the Defendant, by deceiving the victim as above, received 18,760,000 won as wages for 19 days from December 4, 2015 to December 24, 2015 from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of the Acts and subordinate statutes to the complaint;

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing in Article 62-2 of the Probation Criminal Act [Scope of Recommendation] General Fraud (within KRW 100,00) and there is no basic area (within six months to six months) [decision of sentence] [the fact that there are no multiple penal persons], including the defendant, and there are a number of penal power by including the defendant, etc., or unfavorable circumstances, such as the defendant's recognition of and reflects on the crime, detention of the defendant is deemed to entail excessive difficulty to the family members, and the defendant seems to have committed repeated crimes such as larceny, but the defendant seems to have committed repeated crimes such as theft in the past, but after his marriage with the present spouse, he seems to have tried to live in good faith. Considering the fact that the defendant who prepared medical expenses and living expenses of his spouse for daily work, appears to have reached the crime of this case in order to prepare the medical expenses and living expenses of his spouse in the winter season.