A defendant shall be punished by imprisonment for not more than ten months.

Punishment of the crime

On December 14, 2011, the Defendant is a person running Company D in Daejeon Pungdong-gu, and the above D entered into a contract for the purchase of the procurement commodities with the said Public Procurement Service upon winning a contract with the former Public Procurement Service (hereinafter “the above construction”).

On January 6, 2012, the Defendant concluded the aforementioned construction contract with the former Local Government Procurement Service on December 14, 2011, the Defendant called “F will pay KRW 396 million to the victim’s representative director G, and, on April 12, 2012, F would pay the victim KRW 396 million as the price if the construction work was subcontracted to the said construction work and completed by April 12, 2012.” On January 26, 2012, the Defendant would pay the victim the full payment of the payment for the completed portion and the remainder of the payment for the completed portion and the remainder that the Defendant received immediately from the client’s office food business. The Defendant drafted the “Agreement on the Payment of Price for Goods” to the victim.

In addition, in April 2012, the Defendant opened a passbook jointly owned by the Defendant Company and the victim Company to prevent the Defendant from arbitrarily consuming the payment for the completed portion and the balance of the above construction work at the net creative business place. In addition, the Defendant opened a passbook jointly owned by the Defendant Company and the victim Company to receive the payment for the completed portion and the balance of the above construction work from the net creative food business place.

However, on December 20, 201, when the Defendant took out a loan of KRW 250 million from the Korea Bank Daesan River (hereinafter referred to as the “Korea Bank”) on December 20, 201, and paid the above progress payment and the balance of the above progress payment, the Defendant entered into a loan agreement with the Korea Bank to automatically repay KRW 250 million from the said loan. Therefore, even if the Defendant received KRW 416.4 million from the said business office on May 4, 2012, it cannot be deposited into the passbook under the joint name of the Defendant and the victim.