A defendant shall be punished by imprisonment for a term of one year and two 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

From May 2012 to January 31, 2014, the Defendant is a person who had been working for the victim E as the site manager at the F new construction site where a part of the construction work was being performed after receiving sewage supply.

The defendant was provided with an account from those persons, but he did not provide labor, but did not receive money in the name of wages from the victim by submitting a false statement of labor cost as if he provided labor.

On February 7, 2013, the Defendant submitted to the financial officer of the victim a false statement of labor cost, stating as if H provided labor despite the fact that H had not provided labor at the scene, and then received KRW 1,607,640 from the victim’s financial officer in the Busan Bank account (Account Number I) in the name of H in the name of the Busan Bank (Account Number I) under the name of the victim’s wage. As stated in the attached crime log table, the Defendant pretended that nine workers who did not provide actual labor at least 41 times from February 7, 2013 to January 15, 2014 were to have provided labor, and received KRW 113,31,877 in total under the name of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the examination of the accused by the prosecution (including the part concerning the J or K statement);

1. Each police statement made to K, L, M, N, andO;

1. Written statements of J and P;

1. Data on payment of labor expenses, such as investigation reports (Attachment to data related to labor expenses), details of payment of labor expenses, and fishing;

1. Copies of bankbooks deposited by workers; and

1. Copies of a report on investigation and a passbook in the name of Q;

1. Relevant data;

1. Investigation report (to make a report on reference H and R telephone communications);

1. Investigation report (T telephone communications);

1. Application of Acts and subordinate statutes to investigation reports and detailed statement of banking transactions;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;

1. Of concurrent crimes, the former part of Article 37 and Article 38(1) of the Criminal Act are applicable;