A defendant shall be punished by imprisonment for not less than eight 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

The defendant is a person who actually operated E, a corporation located in Suwon-gu.

The Defendant had no particular property at the time of around 2012, and was a bad credit holder. The relationship between financial rights loans and personal debts, etc. was about KRW 20 million, and the construction contract was concluded with G Co., Ltd. (hereinafter “damage Co., Ltd.”) operated by F and paid the construction price from the damaged company, even if the damaged company received payment from the damaged company, there was no intent or ability to normally perform the construction works received from the victimized company, such as repayment of living expenses, debts, and funds necessary for another construction site.

1. On June 8, 2012, the Defendant, at the injured company’s office located in the Gwangjin-gu Seoul Special Metropolitan City H 304, took the attitude that the said F would normally perform the construction work, concluded a construction contract with the victimized company to receive subcontract on June 11, 2012 as of August 11, 2012 after the date of completion, and acquired from the victimized company the total amount of KRW 12,100,000,000,000,000 on August 63, 2012, and KRW 14,000,000,000,000,000 won on August 14, 2012, 201; and acquired from the victimized company a total of KRW 7,01,000,000,000,000 from the E company as the construction price.

2. On July 18, 2012, the Defendant took the attitude that the said F would normally perform the construction work at the above place and around July 18, 2012, and entered into a contract with the victimized company to receive a subcontract for the construction cost of KRW 5,00,000,000 from among the new construction of multi-family houses located in the Gangnam-gu Seoul Metropolitan GovernmentJ on July 25, 2012; the date of completion; and on September 7, 2012, from among the new construction of multi-family houses located in the Dongdaemun-gu Seoul Metropolitan GovernmentK, the shipbuilding work from among the new construction of multi-family houses located in Dongdaemun-gu Seoul Metropolitan Government, the date of commencement; and on July 21, 2012, the date of completion of construction; and on July 20, 2012, the aforementioned construction works are subcontracted respectively.