However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

[2017 Highest 14] The defendant is the E representative director in Naju-si D.

On July 1, 2015, the Defendant made a false statement to the effect that “The Defendant would pay the construction cost without drawing, upon completion of landscaping construction work within the period of subcontracting the said construction work, for KRW 280,00,000,000, when he received an order for landscaping construction work from the International Repair Work ordered by the Hacheon City.”

However, at the time, the Defendant had the obligation to pay approximately KRW 90 million to 12 persons, including J, etc., as well as approximately KRW 100 million in arrears. From June 25, 2015, the attachment and provisional attachment commenced by creditors from around June 25, 2015, and there was a seizure and provisional attachment of approximately KRW 680 million in advance around the time of the subcontract agreement. As such, there was a high possibility that the construction price would not be paid in full due to the above attachment, etc. even if the victim completes the landscaping work within the period, the Defendant was not able to settle this early and pay the full amount of the construction price to the victim.

Nevertheless, the Defendant, by deceiving the victim, caused the victim to perform landscaping work from July 2, 2015 to November 19, 2015, and prevented the victim from paying the remainder of construction cost of KRW 110 million, excluding labor cost of KRW 170 million, thereby obtaining property benefits equivalent to the same amount.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness H;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. A certificate of all matters to be registered, a subcontract agreement for construction works, cases related to the suspension of construction works, payment of consideration, cases related to claims for labor costs, cases related to the payment of construction works, content certificates, claims seizure, etc., reply [case of unfair subcontract transactions in E], investigation reports (Attachment of bond attachment ledger);