A defendant shall be punished by imprisonment for not less than eight months.

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

Punishment of the crime

[Fact-finding] The Defendant agreed to receive “D Corporation” from C around July 2016 as a person who operated B Co., Ltd. and around July 2016.

[Detailed Criminal Facts]

1. On November 25, 2016, the Defendant displayed the instant construction-related contract agreement with the victim F, stating “the date of commencement on December 10, 2016, and the contract amount of KRW 84.7 billion on December 10, 2020,” etc. at the office of the company B located on the second floor E-si, Gu, Si, Si, 2016, and received D construction from the domestic corporation C with the total construction cost of KRW 84.7 billion. Of them, the Defendant would make a subcontract for civil engineering works of KRW 3.52 billion for the construction cost.

Accordingly, in order to have C, the Cheongwon Co., Ltd. promptly start the construction, the financial support should be provided, and the loan amounting to KRW 50 million under the name of the construction deposit shall be borrowed.On the other hand, after the commencement of the construction, the advance payment shall be received from C after the commencement of the construction.

“A false representation was made.”

However, in fact, the defendant thought that he would use the money borrowed from the damaged party as the fund of B corporation, and the above Corporation did not properly set out the money for the partnership issue, and the defendant at the time did not have any specific property and the financial status of the company due to the lack of the government-funded fund related to the government-funded construction that was being implemented, so even if he borrowed money from the damaged party, there was no intention or ability to repay it.

On November 26, 2016, the Defendant acquired 40 million won from the injured party to the Daegu Bank account in the name of G, one of his wife, by remittance.

2. The Defendant shows at the date, time, and place set forth in paragraph 1 to the victim H a contract for work as set forth in paragraph 1 and, “In Korea, the Defendant was awarded a contract for D construction with the total construction cost of KRW 84.7 billion from C, and among them, would give a subcontract for electrical construction of KRW 6.9 billion for the construction cost.

In this regard, in order to have C, the Cheongwon, a corporation, promptly start the construction, the sum of 50 million won should be paid to the president of the cooperative.