A defendant shall be punished by imprisonment for a term of one year and two months.

Punishment of the crime

While the Defendant was working as the representative director of the Co., Ltd. in designing, manufacturing, and constructing water treatment facilities, from around 2010 to around KRW 120 million, the Defendant was unable to operate the company due to the management deterioration of the (State)C operated by the Defendant. In the absence of such managerial difficulties, the Defendant entered into an agreement on around March 2012 on KRW 835 million for the leisure plant construction, but until April 2013, the construction was made up of KRW 2-30 million due to the increase in the pre-sale cost, and on February 21, 2013, the Defendant’s apartment and the office of the Defendant and approximately KRW 3850,000,000,000 from the bank as collateral, and paid KRW 500,000,000 to the company with approximately KRW 385,50,000,000 from the company as collateral, and the amount was KRW 500,000,000.

On November 2012, the Defendant had no capacity to pay the subcontract price for the construction work for the construction work for the astronomical factory in the light of the contract with approximately KRW 540 million (excluding value-added tax), but upon receipt of the contract price for the construction work, it was faced with the situation where it should preferentially pay the construction cost for the leisure plant. Even when receiving the subcontract price for the construction work for the astronomical factory from the original contractor company, the Defendant did not receive the appropriate scale of construction that can substitute the subcontract price for the construction work for the astronomical factory in the light of the fact that it was impossible for the Defendant to pay the subcontract price for the astronomical factory.

Under the above circumstances, even though the Defendant could not pay the construction cost even if he had subcontracted the part of the construction of water pipeline facilities among the above astronomical factory construction to the victim D, the victim D worked together as an employee at the time of the Defendant’s establishment of the CC on January 200, and operated the company after resignation, and maintained the transaction relationship by entering into a contract with the C.