Defendant

A and B shall be punished by imprisonment with prison labor for one year and six months, and imprisonment with prison labor for two years and six months.

However, as to Defendant B, the same shall apply.

Punishment of the crime

Defendant

C On April 9, 2014, the Seoul Eastern District Court sentenced two years of imprisonment for embezzlement, and the judgment was finalized on October 30, 2014.

Defendant

A is a management director of the victim H Co., Ltd. (hereinafter “victim”) who is a human resource dispatch company, and Defendant B is indicated in the facts charged by Defendant B as the representative director of the personal business entity “I,” but according to the evidence of the judgment, Defendant B appears to be a personal business entity, other than the company, and Defendant B is in the position of the nominal owner, other than the representative director, and there is no concern that the exercise of the defendant’s right to defense may be substantially disadvantaged. Thus, this part of the facts charged is modified and recognized.

Defendant C is the actual operator of “I”.

The operation structure of the above human resources dispatch company is the method of collecting daily allowances from the construction company after the company dispatched human resources to the construction site and the daily payment after deducting 10% of brokerage fees from the worker on the day.

around February 2013, the Defendants and the representative director of the victimized Company agreed to pay to the victimized Company the amount of 10% of the daily allowances to be paid in advance by the victimized Company and I, but the amount of 10% of the daily allowances to be paid in advance to the labor company.

Since then, Defendants C and B failed to pay personal debt such as credit cards, payment of daily allowances, payment of the above profit to the damaged company, living expenses, etc., the Defendants conspired to obtain daily allowances from the victimized company by presenting false construction site and labor workers to J.

On August 1, 2013, Defendant A submitted to the J the attendance card stating false labor workers and the name of the site, and Defendant B obtained approval for payment of daily allowances, and Defendant B is from the account of the victimized company managed by Defendant A.