A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

The defendant is the representative of corporation B.

The C High School Construction Corporation ordered by the Office of Education of Incheon Metropolitan City (the total construction cost of KRW 9,194,04,047,022) shall be 50% shares in Company B, D shall be 35% shares in Company D, E shall be 15% shares in Company E, and the defendant shall exercise overall control over construction and sign a subcontract contract.

On November 2015, the defendant, through F of the end staff F, tried to construct a 'C high school by telephone' to the victim G by telephone, and to request the establishment of landscaping facilities at the completion of construction.

In addition to the estimate, H Co., Ltd. and H, which is operated by the injured party upon completion of the construction work, entered into a landscape construction contract of an amount equivalent to KRW 50,00,000 for the construction cost on December 17, 2015, which is equivalent to KRW 3,50,000 for the construction cost on January 23, 2016, and a landscape construction contract of an amount equivalent to KRW 30,980,000 for the construction cost on February 15, 2016, respectively, and H Co., Ltd completed the landscape construction work in accordance with the agreement.

However, in fact, the Defendant completed the said new construction work by January 31, 2016, and paid late compensation according to the rate of 1% if the Defendant violated it. At the time of concluding the contract with the victim, the Defendant was anticipated not to receive the payment for the construction work from the Office of Education of Incheon Metropolitan City, which is the ordering authority, because the date of completion is no longer than the date of completion, and due to the fact that the actual cost of payment was higher than the construction cost, there was no intention or ability to pay the said payment even if the victim completed the said construction work.

The defendant deceivings the victim as above and acquired pecuniary benefits equivalent to KRW 84,480,00 from the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the Acts and subordinate statutes of the police statement protocol to G;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. The Criminal Act, the suspension of execution;