A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

① On November 19, 2014, the Defendant was sentenced to three months of imprisonment due to breach of trust, etc. by the Gwangju District Court, and the said judgment became final and conclusive on August 7, 2015.

② On February 2, 2012, the Defendant, who actually operated a stock company C (hereinafter referred to as “C”), was awarded a subcontract for the steel-reforming concrete construction (hereinafter referred to as “the instant construction”) among the Gwangju New D Construction in a limited partnership company, military site construction (hereinafter referred to as “military site construction”).

On March 22, 2013, the Defendant re-subcontracted part of the instant construction work to the victim E.

1. On March 19, 2013, the Defendant: (a) at a coffee shop, in which the name next to the G police box located in Gwangju-gu, Gwangju-gu, is unknown on March 19, 2013, the Defendant: (b) lent KRW 10 million to the victim E the labor cost of the instant construction; (c) received construction payment from the Gun Funeral Construction, the original government office, and repaid the payment on April 2013.

“A false representation was made.”

However, on March 5, 2013, C prepared a written waiver to the effect that “the waiver of the instant construction” was made in the military funeral construction (hereinafter “written waiver”). In addition, C subcontracted the steel reinforced concrete construction work among “the construction of the military H building” but C decided to waive the construction work around October 2012 due to financial shortage.

B. A defendant and C have borne approximately KRW 10 million obligations.

Therefore, even if the Defendant borrowed the money from the victim, he did not have the intention or ability to complete the payment.

As above, the defendant deceivings the victim as above and received the remittance of the borrowed money of KRW 10 million on the same day.

2. On April 1, 2013, the Defendant, on April 1, 2013, shall purchase the materials at construction site to the victim on April 1, 2013.

A loan of KRW 5 million shall be repaid on April 2013, 2013 with the payment of the construction cost from the Gun Construction.

“A false representation was made.”

However, as seen earlier, the Defendant has the intent or ability to complete payment even if he borrowed money from the victim.