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The defendant is not guilty. The summary of the judgment against the defendant shall be published.
Reasons
1. The Defendant charged with the charge was requested by the victim C to carry out the painting and waterproof construction work on the apartment building site.
Around January 7, 2014, the Defendant: (a) at the office of Yangcheon-gu Seoul Metropolitan Government DD Building 602 (ju) E; (b) received a request from the said injured party for the F redevelopment site seal construction; (c) the fact that he/she was performing the construction work after obtaining a request from the said injured party for the F redevelopment site seal construction, was prepared and submitted a wage payment ledger as if G and H were to be a human father although G and H were not having worked as a human father at the said construction site; and (d) received and acquired it from the injured party for payment of KRW 2,850,50 as wages in G wage, from that time to February 16, 2015, the Defendant acquired it by receiving KRW 25,397,714 as wages in G and H wage for ten times as shown in the daily list of crimes in the attached Table.
2. The defendant's assertion that he received money such as the money indicated in the list of annexed crimes in the name of G and wife H, one of his own children. However, since the defendant obtained the victim's consent on the receipt of labor cost to be paid by the defendant when he subcontracted three construction works from the injured party, he did not deceiving the victim as stated in the facts charged, since he received labor cost to be paid by the defendant in the name of G and H.
3. Determination
A. According to the evidence duly admitted and examined by this court, the following facts can be acknowledged.
1) Around June 2013, the “E” (hereinafter referred to as “E”) operated by the victimized party entered into a subcontract agreement with the Defendant and the F Resource Development Site painting construction work (hereinafter referred to as “F Corporation”).
At the time of the conclusion of the above subcontract, the victim and the defendant shall employ the parts of the defendant and perform F work, and E shall pay the material and food expenses requested by the defendant, and if the defendant enters the wage payment statement in the wage payment statement and submits the labor expenses of the parts to E, E shall pay the labor expenses of the parts.