A defendant shall be punished by imprisonment for two years.

Punishment of the crime

From April 25, 2010, the Defendant operated an office of human resources in the name of “E” with the victim D and operated the office of human resources from the credit-based perspective. The Defendant was responsible for the management of the office and the victim agreed to provide funds to the side prior to receiving personnel expenses from the company using the human body.

On April 26, 2010, the Defendant: (a) had no fact of sending a seal to a business entity; (b) had the victim sent a seal to a business entity; (c) had the victim sent personnel expenses by telephone; and (d) had the victim sent 324,00 won to the Agricultural Cooperative account in the name of the Defendant F.

From around that time to May 31, 2012, the Defendant acquired KRW 2,938,082,60,000, which is the difference, from the victim, by means of remitting the total amount of KRW 2,650,605,50 to the victim, as stated in the “the details of remittance of money to the suspect” through the same method, and then, as if the Defendant received from the victim, he received labor expenses from the business entity through the above method, then then then remitted the total amount of KRW 2,650,605,50 to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution with regard to D;

1. A report on investigation;

1. A report on investigation (specific report on the amount of damage);

1. Application of the Acts and subordinate statutes on the transactions of deposits and withdrawals with the defendant;

1. Relevant legal provisions regarding criminal facts and Article 347(1) of the Criminal Act regarding the choice of punishment (constience to imprisonment) are the circumstances unfavorable to the Defendant, such as the method of committing the instant crime, the victim’s appraisal, and the fact that the damage was not completely recovered.

The fact that the defendant has no criminal history of imprisonment without prison labor or heavier and has no health status is favorable to the defendant.

In these circumstances, the sentencing conditions such as the defendant's age, career, and environment were comprehensively considered, and the sentence was determined as ordered.