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

Around October 2012, the Defendant, as the representative director B, made a false statement to the victim D by telephone via a named employee at his office located in Geumcheon-gu Seoul Metropolitan Government (Seoul Building 312-2), stating that “A corporation is constructing a F Educational Meeting in Seongdong-gu Seoul Metropolitan Government with the subordinate office from Yang & Yang Construction Co., Ltd. (hereinafter “F Educational Meeting”). The Defendant sent the employees to the employees and paid the employees in lieu of the personnel expenses to the employees on the day, the Defendant would receive the progress payment from Yang & Yang Construction at the end of each month and pay the personnel expenses.”

However, there was a lack of construction cost that the Defendant operated the company from the original contractor and the original contractor whose labor cost and material cost were listed after the contract, and there was no profit in the company at the time, and the overdue tax was more than KRW 200,000,000, and the overdue tax was more than KRW 500,000,000, and there was no intention or ability to reduce the labor cost to the victim even if the Defendant was supplied with human resources from the victim.

Nevertheless, the Defendant deceiving the victim as above, from October 1, 2012 to February 28, 2013, provided 79 employees with labor costs of 7,600,000 in total at the construction site of Seongdong-gu Seoul Metropolitan Council from around October 1, 2012 to around February 28, 2013. Furthermore, from around June 1, 2013 to around June 30, 2013, 12 employees with labor costs of 1,130,000 in the construction site of the additional officetels of Geumcheon-gu Seoul Metropolitan Government from around June 1, 2013, and from June 1, 2013 to around the same year.

7. By the end of March 31, 200, labor costs equivalent to 23,135,000 won were not paid to the employees of the total amount of KRW 31,865,00 in the new site of the G hotel, and the employees of the total of KRW 31,865,00 were not paid, thereby obtaining pecuniary benefits equivalent to the same amount of money.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement law to D;

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. Suspension of execution;