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

On June 8, 2009, the Defendant entered into a contract with D (hereinafter referred to as D) to subcontract price of 304,211,600 won (including additional taxes) for the defective repair work that D received from the representative meeting of apartment occupants of Daegu-gu, Daegu-gu, on June 5, 2009.

However, the Defendant, a person with bad credit standing worth KRW 3 billion at the time, was the representative director of D, who actually operated by the Defendant, in the name of the Defendant’s wife. Moreover, even if the Defendant received the construction cost of the said E apartment repair work from the Housing Guarantee against the status that it was difficult to fully pay due to the lack of funds due to the reason that D’s failure to receive the payment of the construction cost of G apartment repair works for G, which was performed in around 2008, due to the lack of funds, the Defendant was scheduled to use the said E apartment repair work as labor cost or material cost of other construction without paying it to the victim, and thus there was no intention or ability to pay the said cost even if the

The Defendant, on August 2009, had the victim complete the construction work for repair of defects in the above E apartment, and acquired financial benefits equivalent to KRW 304,211,60 of the lower-level payment.

(The Defendant and his defense counsel asserted that the Defendant paid KRW 196,857,600 out of the subcontract price of KRW 304,211,600 and did not pay the remainder of KRW 107,354,00. Thus, the Defendant’s property profits acquired are KRW 107,354,000.

However, the establishment of fraud by acquiring pecuniary gains equivalent to the construction cost should be determined at the time of the contract, and if the defendant had the victim enter into a subcontract contract by deceiving the victim without the intention or ability to pay the construction cost and completed the above construction work, then it shall be equivalent to the property of the subcontract price.