A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

【Basic Facts】 The Defendant is the owner of the New Hotel C and D Ground Hotel at Jeju.

The Defendant entered into a contract for the hotel construction with E Construction Company (Representative F) and the above hotel construction contract, and the E Construction Company intended to subcontract the part of the Changho Construction to the victim H Co., Ltd. operated by G during the entire construction, but G requested a letter from the Defendant, a building owner, so that G would receive the price normally.

Around February 2013, the Defendant agreed to pay the construction cost directly to the victim, prepared a written statement with such content, and the victim completed the portion of the Changho Construction Work with approximately KRW 270 million from June 2013. On July 23, 2013, E Co., Ltd. paid a bill of exchange in an amount equivalent to KRW 270 million to the victim, and written a deposit sheet (hereinafter “the deposit sheet of this case”) to inform the victim of the fact, but did not pay the payment due to the default of the bill.

Accordingly, on August 5, 2013, the defendant prepared a letter of payment in cash for the amount of KRW 270 million up to the time of the time, and around August 6, 2013, the defendant completed the registration of the establishment of the fifth priority collective security (the receipt No. 65763, Aug. 6, 2013) with the maximum amount of KRW 351 million on the land, such as Jeju-si, which is owned by the defendant, D, etc. around August 6, 2013, but did not pay the construction cost.

[1] On November 2, 2015, the Defendant: (a) was aware of the fact that the Defendant was in the Jeju District Court where he was in motion around November 2, 2015, and that the Defendant did not directly pay the price for the creative construction to the victim; and (b) was aware of the fact that the victim was unable to receive the payment from the E Construction Co., Ltd., the Defendant was the principal debtor of the victim; (c) the Defendant was merely the physical guarantor; and (d) the Defendant was directly 305 million won to the victim through E Construction Co., Ltd.