A defendant shall be punished by imprisonment for six 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

On April 2016, the Defendant received a monthly wage of 4 million won from the Victim B Co., Ltd. and served as the site director of the KEM in Ansan-si, and issued a contract with the victim Co., Ltd. to inform the victim company of the current status of the human body employed after employing the human body within 1.28 billion won of total construction wage, and to proceed with the construction in the manner that the victim company pays the relevant wage.

In the process of performing construction, the Defendant: (a) less than the actual monthly wage for which four insurance, etc. were deducted from the monthly wage of KRW 4 million, and (b) more than the actual monthly wage for which the Defendant had difficulty in receiving wages directly from the victim company due to double employment, taxes, etc. during the process of performing construction, and (c) more than the monthly wage for which the Defendant claimed wages from the victim company in the name of the non-person working at the actual construction

Around July 11, 2016, the Defendant deceptioned the victim company by applying for benefits to the victim company as if he actually worked despite the fact that D, his branch, did not work at the above construction site, and received KRW 2,430,060 on the same day from the victim company through the post office account (Account Number: E) in the name of the above D on the same day, and received KRW 2,430,060 from the victim company. From this point to July 14, 2017, the Defendant applied for benefits from the victim company in total of four accounts, such as the list of crimes, and received KRW 38,521,360 as wages.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol of examination of the accused by the prosecution (including the substitute part);

1. Statement made by the police of the F;

1. Investigation report (examination of the amount of damage caused by fraud);

1. Application of the Acts and subordinate statutes to the complaint;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act is as follows.