A defendant shall be punished by imprisonment for not less than one year and six months.

Punishment of the crime

From around 2011, the Defendant operated the Seoul branch office of the Victim C Co., Ltd. in Gangnam-gu, Seoul. From around 2013 to the same place, the Defendant actually operated D Co., Ltd. (hereinafter referred to as “D” and, except in the case where the trade name of the company is first mentioned, omitted the entry of “stock company” in the name of the company.

On January 4, 2017, the victim was awarded a subcontract for electrical facility construction works (hereinafter “instant construction works”) among “G projects,” which were implemented by Kimhae-siF from Co., Ltd., Ltd., Ltd., under an agreement from January 4, 2017 to December 31, 2018, with the construction cost of KRW 3,878,732,200, and the construction period from January 4, 2017 to December 31, 2018. At that time, the victim entered into a subcontract for the instant construction works (hereinafter “instant subcontract”) with D operated by the Defendant with the amount of KRW 3,516,00,000 for the construction cost of KRW 3,330,00 (the same work period) again, D had to carry out the construction work at the site.

As above, the Defendant, upon entering into the instant subcontract with J representative director of the victim, performed the construction work normally by remitting the construction work to H in accordance with the agreement so that the construction cost may be disbursed to the K Bank account under the name of the Defendant’s management (L; hereinafter “D account”).

However, in fact, D's liabilities amount to KRW 1.5 billion at the time of the subcontract of this case, and the overdue wages amount to employees exceeded KRW 200 million was difficult to carry out financial circumstances. The Defendant was only a plan to pay D-related obligations, etc. when he was transferred from the victim, and the Defendant did not have the intent or ability to normally carry out the construction work by properly remitting the construction price to the said H.

As such, the Defendant, by deceiving the said J, was the victim to bring the D account from the victim, to KRW 140 million on January 26, 2017.