A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

The defendant who has caused the crime is a person who is a de facto representative director of C.

C around August 201, upon delegation of the implementation and construction of Dtel from E, the owner of Pyeongtaek-si Officetel, the owner of such officetel, subcontracted the construction of Dtel to G (ju) of the victim F. Around August 11, 2011, the construction period was determined from August 15, 201 to December 31, 201, respectively, as KRW 350,000 (Additional Tax separately), and the construction cost was increased to KRW 400,000 on October 201.

However, as C (State) was unable to pay the cost of the construction work from the end of October 201, C (State) and G (State) agreed on April 27, 201 to the effect that “C (State) shall be paid KRW 50 million as the price of the construction work to G (State), and KRW 50 million as the price of the construction work, May 31, 2012, and KRW 90 million as of June 30, 201, and the remaining cost of the construction work shall be paid KRW 200 million as the price of the construction work to G (State).”

However, on May 15, 2012, C(State) paid only KRW 30 million for construction work price, and did not implement the above arrangement, G(State) commenced compulsory execution on August 6, 2012.

Accordingly, on September 5, 2012, the Defendant, who is the actual operator of C(State), was the victim who is the representative director of G(State) and “the purchase price of 29,2240,000 won was fully paid in lieu of the payment of the construction cost.” After completion, the Defendant concluded a sale contract with the content that the ownership of No. 201 and No. 202 of D Officetel (hereinafter collectively referred to as “the two households”) is transferred to the victim. D Officetel obtained construction completion permission around January 2013.

Criminal facts

On August 20, 2013, the Defendant: (a) at the National Federation of Fisheries Cooperatives in Songpa-dong 11-6, Songpa-gu, Seoul around August 20, 2013, deemed that the victim paid in full the sales price of KRW 29,2240,000 in lieu of the payment of the construction price to G (ju) and obtained permission for construction completion of D officetels around January 2013.