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Defendant
A shall be punished by imprisonment for four months, by a fine of 70,000 won.
Defendant
B The above fine shall not be paid.
Reasons
Punishment of the crime
Defendant
A is a person who has executed the construction work after concluding a subcontract for a new construction site in the amount of KRW 783,900,000 between the victim and the victim LA and the victim LA, and after concluding a subcontract for a new construction site in the amount of KRW 675,540,00,00, and the defendant B is a head of the E-new construction site.
Defendant
A in collusion with F, around May 2017, by claiming the victim to pay false wages for 26 days between G who did not work at the above construction site and received KRW 3,334,690 from that time to August 4, 2017, A received total of KRW 11,562,820 from the victim as stated in the [Attachment Table Nos. 1 through 4] from August 2017. The Defendants conspired to receive KRW 11,928,430 from the victim from September 2017 to October 2017.
Summary of Evidence
1. Defendant A’s legal statement
1. Defendant B’s partial statement
1. Legal statement of the witness H;
1. H statement among the suspect interrogation protocol of Defendant A by the police
1. The police statement of H;
1. Application of Acts and subordinate statutes to each fact-finding certificate, and deposit certificate (as long as Defendant B prepared a false output report and submitted it to the victim company, and the victim company believed it paid false wages, Defendant B shall bear the criminal liability as co-principal together with the above defendant A as to the crime of fraud of KRW 11,928,430 as stated in the judgment, although it was based on the instruction of the above defendant A)
1. Article relevant to the facts constituting an offense and the selection of punishment;
A. Defendant A: Articles 347(1) and 30 of the Criminal Act; the choice of imprisonment
B. Defendant B: (a) Articles 347(1) and 30 of the Criminal Act; (b) the Defendant recognized the facts themselves; (c) the Defendant participated in the instant crime according to the direction of the upper accused A; (d) there is no benefit acquired by the Defendant from the instant crime; and (e) the Defendant.