A defendant shall be punished by imprisonment for two years.

An applicant for compensation shall be dismissed.

Punishment of the crime

The defendant is a representative member of F Limited Partnership Company, a comprehensive construction company located in E at the home of the original state, and is a actual manager of the above company.

On April 12, 2017, the Defendant entered into a contract for construction of the G Access Road (hereinafter “No. 1”) with the Hongcheon-gun on April 20, 2017 and the contract amount of KRW 690,460,00 (hereinafter “H development project”). The Defendant entered into a contract for the construction of the G Access Road (hereinafter “No. 2”).

On April 21, 2017, the Defendant made a false statement to the effect that, upon receiving a guarantee from the victim D, the Defendant would not use advance payment for the purpose of using it for the purchase cost of the relevant materials, labor cost, etc. for other purposes, when concluding a guarantee agreement with the victim and entering into a guarantee agreement with the said union for advance payment.

However, the Defendant planned to use the advance payment of the instant construction project for the repayment of the existing debt, and the said company had liabilities of approximately KRW 500 million to the Credit Guarantee Fund, etc. at the time, and failed to pay the construction cost incurred at the existing construction site, which led to the aggravation of the management situation, and was operating in the so-called “refusing” method of receiving advance payment for the new construction project and paying the existing construction cost. From May 17, 2017 to May 17, 2017, it was difficult to continue operating the method of preventing the return of new construction cost as it was planned to suspend business operations for four months to prevent the new construction cost from being paid. Accordingly, even if the advance payment of the construction project was paid, there was no intent or ability to normally complete the construction project by using the said amount as a whole.

Nevertheless, the defendant did not notify the victim of the scheduled disposition of the business suspension of the above company without notifying the victim of the scheduled fact, and deceiving the victim by such falsity.