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

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

Criminal facts

The Defendant is a person who operated a “stock company E”.

On March 201, the Defendant stated that “The Defendant was awarded a contract for the construction of a new commercial building in Y in YY-gu, Y-gu, Busan, by means of G (the former and the construction site manager at the construction site) at the office of the said company located in 301 of the F building in Gangnam-gu, Seoul, and that “The Defendant would directly pay the price of the materials until April 25, 201, when he supplied steel materials to the Geum River Industries (the contractor awarded a subcontract for the steel frame construction among the construction works).”

However, at the time of fact, the above company was unable to pay 27 million won to the victim of subcontracted construction costs due to accumulated damages in the existing construction work, such as that it was unable to recognize additional construction costs in the J Pyeong Factory Extension work that had previously been previously conducted by the above company, and thus, it was unable to pay 27 million won to the victim of subcontracted construction costs;

The defendant did not properly pay the raw materials cost, the monthly salary, taxes, etc. and was urged to pay severe amount. Even if he received part of the construction cost according to the agreement from the owner of the above work in Ansan Construction, the defendant was thought to use the above existing subcontract construction cost, the monthly salary for employees, office rent, etc., and he actually did so. While the defendant was liable for other personal debts, the defendant did not have any intention or ability to pay the said materials at the time because there was no other property or income accrued from the victim.

Nevertheless, on March 25, 2011, the Defendant, by deceiving the victim, received steel-frame materials, such as RH lectures and steel plates, from the victim and acquired them by deception.

Summary of Evidence

1. Legal statement of witness G;

2. Partial statements in the second protocol of trial (Witness H);

3. Examination protocol of suspect against the defendant;

4. The prosecutor's statement concerning G;

5. A flood accident report (No. 17, 18 No. 500, No. 18).

6. A material cost statement, a written confirmation of the payment of construction cost, and a written confirmation of Ansan-dong contract amount;