A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

Around June 2015, the Defendant entered into a subcontract for construction costs of KRW 1,653,580,000 with respect to the construction site of the Ulsan G Office’s new construction site and household facilities, which is conducted on three parcels outside the F in Ulsan-gu, Ulsan-gu, Seoul, and the Defendant entered into a contract for construction costs of KRW 1,653,580,00.

After that, the Defendant and E, around September 1, 2015, changed the construction cost of KRW 1,180,580,000 and entered into a subcontract agreement between H established in the name of the Defendant for the remaining KRW 473,00,000 and the victim I, a subsidiary of E.

At the time, the defendant and the victim company agreed to pay the wage, price of materials, etc. directly to the sub-subcontracts within the contract amount if there is a request for direct payment by the sub-subcontracts, and set up a written statement of direct payment.

After that, each representative of the J, K, etc., the sub-subcontract that the defendant had concerns over not paying labor costs and equipment costs, etc., requested that the defendant make a direct payment request against the defendant, and the victim company also demanded that the defendant submit a written request for direct payment to the defendant, but the defendant, the representative of the victim company, around December 1, 2015, made a false statement that "the defendant would pay the payment for the construction price to the sub-subcontract at the same site by paying the progress payment to the representative L of the victim company around September 2015 and October 2015 when he/she would get off the site."

However, even if the defendant received progress payment from the victim company, he did not have the intention or ability to pay the sub-subcontract to the sub-subcontract company, and the defendant was a plan to use the progress payment received from the victim company at another construction site.

The Defendant, by deceiving L as such, received KRW 260,000 from the victim company for construction work price in the same place, excluding KRW 96,908,260 among them.