A defendant shall be punished by imprisonment for four months.

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

Punishment of the crime

The defendant is the representative director of C Co., Ltd (hereinafter referred to as “C”) with the purpose of telecommunications business.

[2013 Highest 6454] The Defendant, at around February 10, 2010, at the C Company’s office located in Sungsung-dong, the Defendant thought that, at the time, the Defendant was liable to pay a large amount of debt to the financial institutions, etc., and even if the subcontractor received construction payment from the subcontractor, C Company would be invested in other construction under construction. Even if a sub-subcontract was made with the victim Company D, the Defendant did not have the intent or ability to pay the construction payment properly, the Defendant was awarded a subcontract to E’s representative director of the victim Company E for the construction of the TV subscription facilities in Ansan-si from the F Company. The said construction of the TV subscription facilities was completed at the time of the termination of the construction, and the victim was paid the construction payment in cash from January 19, 2010 to May 30, 2010.

[2014 Highest 715] The Defendant: (a) around October 2012, at the office of the above company, was under the circumstance that, in fact, the company itself and C assumed a large amount of obligation to the financial institution and its employees did not pay wages, etc.; (b) even if concluding a re-subcontract with the victim H, even though it did not have the intent or ability to pay the construction cost properly even if the re-subcontract was concluded with the victim H, the Defendant was unable to install an access vehicle system in the fixed door at the construction site of the J apartment located in Yeongdeungpo-gu, Young-gu, At the end of November 2012, the Defendant paid 30% of the construction cost at the time of installation and paid the remainder by December 2012.

‘ ‘Falsely speaking to the effect that it would cause the victim to do construction work equivalent to KRW 20,410,000, around November 17, 2012, the victim company is the victim company.