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A defendant shall be punished by imprisonment for a term of one year and two months.
Reasons
Punishment of the crime
[2015 Highest 530 [Attachment 530] The Defendant entered into a construction work standard agreement with the representative director of the “E” corporation located in Hacheon-si A and the director of the victimized Company G office located in FF 201 on December 28, 2012, with the victim “G” corporation located in Hacheon-si, Echeon-si, the victim Company H and the director of the said company, and the victimized Company, with respect to the construction of urban-type residential housing (offices) on the third and third lots outside the J of Echeon-si (hereinafter “Ttel construction”).
1. On November 4, 2013, the Defendant entered into a subcontract with K on the part of the instant officetel construction work at the office of “E Co., Ltd.” located in the foregoing D on the part of the instant officetel construction.
When the Defendant filed a claim with the victimized company for the advance payment for the part of the subcontracted company, the Defendant knew that the victimized company did not specifically confirm the advance payment, and requested the issuing bank to pay the advance payment to the Defendant, and received the payment, he received the advance payment from the subcontractor and received it from the subcontractor.
around January 24, 2014, the Defendant prepared a tax invoice and a statement of claim amounting to KRW 80,300,000 issued in the name of “K” in the name of “E” office, and submitted it to the victimized company, and filed a claim for payment of money equivalent to the above amount. However, the amount of money that the Defendant is obligated to receive from the “K” company around January 24, 2014 is limited to KRW 36,15,000.
Nevertheless, the Defendant received KRW 80,300,000 from the victimized Company to the bank account (L) in the name of “E” (L) and transferred it to the new bank account (N) in the name of M on January 28, 2014, and received KRW 44,145,000 from the Defendant to the company bank account in the name of “E” (P).
Accordingly, the defendant deceivings the damaged company, and 80,300,000 won.