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

From May 8, 2016 to January 2, 2019, the Defendant is a person who is working as the victim D’s on-site director, and supervised E’s electrical work part, a subordinate business of the victim, while working as the victim D’s on-site director.

On September 2016, the Defendant told the victim as if he worked for more workers than those who actually worked in the above field, and tried to receive the excessive payment from the victim E, who received the payment of labor cost, including labor cost, from the victim E.

Accordingly, the Defendant, on September 10, 2016, received a total of KRW 13,200,000 from September 13, 2016 to December 10, 2018, a total of KRW 37,200,000, as shown in the attached Table of Crimes, from the victim, by deceiving the victim to report personnel expenses including personnel expenses of false fathers, and by inducing the victim to be notified of the legitimate expenses. From September 10, 2016, the Defendant received a remittance of KRW 500,000,000 from the Defendant’s G account in the name of the Defendant’s child on September 13, 2016.

Accordingly, the defendant got the victim's property by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement;

1. A certificate;

1. Application of the statutes governing the withdrawal of accounts in H's name and details of transactions (H name account) - I account transfer;

1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 of the choice of punishment (generally, choice of imprisonment);

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

1. Scope of applicable sentences under law: One month to ten years of imprisonment;

2. Scope of the recommended punishment according to the sentencing guidelines [decision of types]: General Fraud [Type 2] and above KRW 100,000, and below KRW 500,000 (specially punished persons] mitigated factors: In cases where punishment is not granted or significant damage has been recovered (the area of recommendation and the scope of recommended punishment] mitigated areas, and ten months through two years and six months;

3. Determination of sentence: Ten months of imprisonment;