A defendant shall be punished by imprisonment for two years.

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

The Defendant is the representative director of Gangseo-gu Seoul Metropolitan Government C building B, 805, and telecommunications equipment and equipment construction business corporation D (hereinafter referred to as “D”).

Around October 2011, the Defendant agreed with KT (hereinafter referred to as “KT”) to accept an electricity and telecommunications construction contract among the construction works of the future e deposit securities computer center, which is ordered by KT, and the Defendant agreed with KT and the victim E (hereinafter referred to as “E”) to perform the said construction work after receiving an electric power source device from E.

On December 12, 2011, the Defendant made a false statement to the Chairman of the F division in charge of ordering the victim’s order that “I would pay the construction cost immediately to E upon receipt of the settlement of the relevant construction cost from KT at the time of supply and installation of the electric power source equipment.”

However, the fact is that the defendant did not have the intent or ability to immediately pay the money for the supply and installation of theless electric power source equipment to the victim even if he received the money for the construction work from the victim, because the bank loan amounted to KRW 80 million at the time and the unpaid construction cost amounts to KRW 1.2 billion, and the benefits to the employees are sealed.

On December 22, 2011, the Defendant, by deceiving the victim, obtained the supply of theless electric power supply equipment equivalent to the market price of KRW 144,100,000 at the construction site of G Building located in Yeongdeungpo-gu Seoul Metropolitan Government from the victim and acquired it by deception.

On September 26, 2012, the Defendant stated that “If the Defendant supplies telecommunications equipment, the Korea National Defense Computer Information Institute Project in force by the J would be D itself, the price would be paid immediately after receiving the supply price from the J,” the Defendant would be paid to the Executive Director I of the Korea National Defense Computer Information Institute Project in the Gangseo-gu Seoul Metropolitan Government C-805 D Office.

However, at the time, the defendant paid a bank loan of KRW 80 million to the customer with the unpaid amount of KRW 1.2 billion, and D.