A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Punishment of the crime

On March 8, 2014, the Defendant made a false statement to the victim E, who operates a human resources office D in the name of “D” at the site of the Singu, Gyeonggi-do, the Singu, the Seoul Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Construction Project.

However, at the time, the Defendant had a debt of KRW 20 million with loans from the Korea Credit Guarantee Fund while operating the F, and there was no certain amount of income from March 2014 when not operating the F, and there was no way to receive KRW 130 million with the payment claim. Therefore, even if the Defendant received labor from the victim, there was no ability or intent to pay labor expenses normally.

Ultimately, the Defendant, by deceiving the victim as above, received labor service from the victim from January 2014 to March 2014, and thereby, did not pay the same amount of money as the monthly labor cost of KRW 9,080,000, and the monthly labor cost of KRW 4,000,000, and the monthly labor cost of KRW 13,560,000, and the monthly labor cost of KRW 480,000.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E;

1. A statement of the substitute transaction in January, a statement of the substitute transaction in February, and a statement of the substitute transaction in March; and

1. Detailed statements on the payment of labor cost;

1. Application of Acts and subordinate statutes of a receipt for work confirmation;

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

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation] General Fraud (less than KRW 100 million) (one month to one year) where mitigation area (person subject to special mitigation) is reduced (the decision of sentence] or where considerable damage is recovered (the decision of sentence has been smoothly agreed with the victim). The defendant's age, character and behavior, environment, relationship with the victim, motive, means and consequence of the crime and crime.