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Defendant
All appeals by prosecutors are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Defendant 1) In fact, the Defendant: (a) received a contract from the owner I for the F Hospital construction work in the amount of KRW 2.5 billion; and (b) subcontracted the part of the electrical construction to the victim company; (c) even though the F Hospital construction work had been considerably developed through the Defendant’s subcontract, I was unable to pay the construction cost to the victim company; and (d) there was no intention to commit fraud by the Defendant.
2) The sentence of the lower court (six months of imprisonment) which is unfair in sentencing is too unreasonable.
B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.
2. Determination
A. (1) According to the evidence duly admitted and examined by the lower court, the following facts can be acknowledged.
① On March 2013, the Defendant received a contract for the F Hospital Corporation located in the Chungcheongnam-gun E (hereinafter “instant construction”) from the owner of the building at around 2013, by setting the construction cost of KRW 2.5 billion and the construction period of KRW 3 months.
② On April 8, 2013, the Defendant entered into a subcontract with the victim company for the construction cost of KRW 399,300,000 during the instant subcontract and for the construction period from April 1, 2013 to September 30, 2013 (hereinafter “the instant subcontract agreement”). (3) The victim company claimed that the Defendant pay KRW 146,574,624 in advance and labor cost of the instant subcontract even if the progress rate for the instant subcontract reached 68% on June 12, 2016, but the Defendant did not pay it, and the victim company suspended the construction work.
2) In full view of the following circumstances acknowledged by the evidence duly adopted and examined by the lower court, including the above facts admitted, the Defendant’s intent to pay the victim company every month, and two months after the commencement of the construction, although the Defendant did not have any intent or ability to pay the victim company every month.