A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

The Defendant is a person who operates the E Co., Ltd. in the Southern Ma-gun D.

On April 1, 2016, the victim F Co., Ltd. was awarded a contract with E Co., Ltd. with respect to the part of the steel reinforced concrete construction among the above construction works, which was ordered by Korea Agricultural and Fisheries Food Distribution Corporation.

Under the above contract, from April 1, 2016 to around September 13, 2016, the Defendant requested a direct payment to the victim company for the payment of wages to employees of the victim company, H and the Vice Director I of the Construction Team of the victim company requested by the J operator K of the landscape construction business company to pay wages to the employees of the victim company.

On October 17, 2016, the Defendant agreed with the victim company to settle the above construction due to the occurrence of additional construction costs and the completion of construction in the G construction site located in the Southern-gun L, the Defendant made a false statement that “The Defendant’s management division H, the deputy head of the construction team I, and the on-site M will settle the accounts of KRW 128 million more at any level than the accounts payable, and shall prepare a written waiver of the construction and the right of retention and return KRW 97 million immediately after the payment of KRW 97 million, in addition to the above accounts due to the payment of KRW 97 million.”

In fact, the Defendant did not have any particular income or property, except for the cryp gold paid at the time by the victim company, and even if there was no intention or ability to return the wage amounting to KRW 97 million, such as requesting the victim company to pay the wages, etc. from the time of commencement of the construction work on April 1, 2016 to the victim company, which was paid to the victim company in advance by the victim company.

The defendant is equivalent to the above wage from the victim company on November 28, 2016.