A shall be punished by imprisonment with prison labor for one year.

However, the sentence against the defendant A for a period of two years from the date this judgment becomes final and conclusive.

Defendant

A is a person who performs a construction work by being awarded a contract for the establishment of a household with the trade name called “C (Representative D)”, and Defendant B is a person who works as the deputy head of the Victim E Co., Ltd. from January 2015 to October 2015 and managed the following “the remainder of the F District General household construction work.”

Defendant

A around April 2015, the victim company received an oral subcontract of KRW 44 million to April 1, 2015, and performed the “F district general household remaining construction works” from the victim company from April 1, 2015 to the beginning of August 2015. A received KRW 40 million, including KRW 3 million on June 12, 2015, and KRW 1 million on July 10, 2015, and KRW 40 million on July 15, 2015.

On the other hand, on August 9, 2015, the victim company paid 27,303,550 won to the employees with the consent of the defendant A as wages for the human resources invested in the above work until the defendant A.

As above, Defendant A did not receive personnel expenses from the victim company in connection with the above construction work.

Nevertheless, Defendant A, based on this, had the number of outputs of the above work, failed to receive the construction cost in the name of personnel expenses from the victim company. Defendant B received a book in which the number of outputs of the above work was arbitrarily posted from Defendant B, and then had the number of outputs recorded in the above book was arbitrarily printed out, and then requested the victim company to pay the construction cost additionally by presenting the number of outputs recorded in the above book as the basis for the above book as well as the copy of the above book. However, the victim company filed an application for provisional attachment and lawsuit as follows, in order to not comply with the request of the victim company.

Defendant

A on September 9, 2015, the Seoul Western District Court issued a provisional attachment of the amount equivalent to KRW 303,836,000 among the deposit claims of the victim company against the Bank of Korea by the Seoul Western District Court 2015Kahap 547, and applied for the order to file a lawsuit by the victim company.