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

The defendant shall obtain money from D, which is an application for compensation, 225,930,50 won.

Punishment of the crime

[2013 Highest 1799]

1. The defendant is the representative director of E who runs a construction business, and F is the deputy Director of I Corporation, Inc., who runs the construction business, which is the principal contractor of H Corporation located in Seongdong-gu G in Jeonjin-gu, Seoul Special Metropolitan City, which was ordered at a clean water business office in Jeonju.

Co., Ltd. received a subcontract for the pipeline construction among the above construction works from I, and J is an employee of E Co., Ltd. who is the head of the site office of the above pipeline construction.

Around November 2012, the Defendant made a false statement to the effect that “If the Defendant supplies the main iron pipes necessary for the said construction works by a stock company E by telephone to the employees of the victim L, operating K company through J and F, the Defendant would receive the payment of the price for the supply of the goods from the payment of the price for the completed portion, E would receive the payment of KRW 146,464,00 for the completed portion from the clean water business office at the time of Jeonju on December 28, 2012.”

However, the Defendant, without any particular property at the time, was liable to pay KRW 10 million to the Jeonbuk Bank, KRW 50 million to the Enterprise Bank, KRW 46 million to the Saemaul Savings Depository, KRW 200 million to the branch, and KRW 300 million to the branch. In addition, the Defendant was unable to pay the construction equipment cost and the material cost equivalent to KRW 300 million. Moreover, the Defendant had no intent or ability to pay the said price even if he received the main payment from the victim because of the financial situation where the employee’s benefits are not properly paid. Furthermore, even if he received the payment for the completed portion, he was intended to use it for personal purposes, such as the payment for the existing debt.

As such, the Defendant: (a) by deceiving the Victim’s Employees M; and (b) obtained, from K Company, the victim’s employees M, the Defendant supplied and acquired, on November 19, 2012, the total sum of KRW 23,900,800,000, equivalent to KRW 19,904,500, and KRW 350 meters, respectively; and (c) 6 copies, respectively, of the main iron duct, equivalent to KRW 350,000,000, in total, from K Company, the victim’s employees M.; and (d) obtained the delivery of the main iron duct, equivalent to KRW 23,90,80,00.

[2013 Highest 2001]

2. Around August 2012, the Defendant is running in front of the O on the construction site office located in Geumcheon-gu, Seoul Special Metropolitan City. The facts are from around 2010.