A defendant shall be punished by imprisonment for one year.

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 September 2013, the Defendant stated to the effect that “In order to find an in-house subcontractor-related person with the knowledge of the in-house subcontractor-related person, the Defendant would allow the said person to find employment with the in-house subcontractor-related person if he/she would be required to pay KRW 50 million and entertainment expenses and KRW 2 million.”

However, since the defendant did not know about the person with the relationship with the car, even if he received money from the victim as the expenses for employment solicitation, he did not have an intention or ability to find employment with the subcontractor.

Nevertheless, the Defendant received cash KRW 32 million from the victim on October 7, 2013, and KRW 20 million on November 12, 2013, respectively, through F.

Accordingly, the defendant deceivings the victim as above, obtained a total of KRW 52 million from the victim, acquired it by fraud, and participated in the employment of others for profit, not in accordance with the law.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Details of account transactions;

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

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense, and Articles 107 and 9 of the Labor Standards Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Determination as to a suspended sentence of Article 62(1) of the Criminal Act (a favorable circumstances among the reasons for sentencing below)

1. As the Defendant involved in the employment of another person for profit and acquired criminal proceeds of KRW 52 million, the prosecutor’s additional collection-type prosecutor sought the penalty in accordance with Articles 5(1) and 3(1) of the Act on Special Cases concerning Forfeiture and Restoration of Corruption Property (hereinafter “Corruption Property Confiscation Act”).

2. Determination

A. Of the instant criminal facts against the Defendant, the crime of violating the Labor Standards Act, which participated in another person’s employment for profit, is committed.