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

Punishment of the crime

The facts charged were appropriately revised to the extent that it does not interfere with the defendant's right of defense.

The Defendant was the representative director of the “D Co., Ltd.” located in the “D Co., Ltd.” located in the Main City.

At around 10:00 on July 9, 2012, the Defendant issued the victim E a payment for the first completed payment of KRW 24,000,000,000,000 to the victim on July 9, 2012, for the following reasons: “The Defendant would submit a direct payment agreement on the subcontract amount to the ordering office to ensure that the construction of machinery and equipment would be paid directly by submitting it to the ordering office.” From September 2012 to October 2012, the Defendant issued the victim a payment for the first completed payment of KRW 47,700,000,000 to the victim.

However, at the time of the Defendant’s payment of the first progress payment to the victim as above, the said D Co., Ltd. had already been subject to business suspension for four months (from September 14, 2012 to January 13, 2013) from the Gangwon-do Governor of Gangwon-do on August 29, 2012 due to the lack of capital stock, and the financial conditions were not sufficient to use the bonds to provide 500 million won in short capital. After the payment of the first progress payment, even if the victim received the construction payment from the ordering authority, it was thought that it was first used to repay the debt obligations of D Co., Ltd and the Defendant, and there was no intention or ability to pay it to the victim.

In addition, the victim issued a “Agreement on Direct Payment of Subcontract Price” to the Defendant around November 2012, which was after the payment of the first payment for the completed portion, to receive KRW 167 million for the remainder of the construction cost, and requested the ordering authority to submit it to the ordering authority so that the remainder of the construction cost may be directly paid from the ordering authority, and subsequently submitted the said agreement to the Defendant by supplementing the said agreement with the order issued by the ordering authority and submitting it again to the Defendant.