A defendant shall be punished by imprisonment for not more than ten months.

Punishment of the crime

The defendant was awarded a subcontract on April 12, 2012 on the condition that he would pay approximately KRW 200 million of the performance bond for the removal of some sections of the Section 1 among the Section 1. The defendant was a representative director of C Co., Ltd. established for the purpose of the housing construction business, etc., and was awarded a contract on the condition that he would pay approximately KRW 200 million of the performance bond for the removal of some sections of the Section 1.

On November 23, 2012, the Defendant displayed the documents related to the said subcontract to the victim F F who operates E Co., Ltd. in the Seoul Seoul Office located in Jongno-gu Seoul Metropolitan Government Office, stating that “In order to obtain ratification from the solar industry prior to the commencement of the removal work, the Defendant shall pay a deposit of KRW 120 million to the solar industry, and the remainder of KRW 40 million shall be paid to the solar industry. To pay the remainder of KRW 40 million,000,000,000,000,000,000,000,000,000,000,000,000,000,000 won, would be paid as a security deposit, so that E, operated by N, may undertake the removal work by re-subcontract from C.”

However, the fact is that the performance bond agreed with the solar industry is not more than KRW 120 million, but not more than KRW 200 million, and the defendant was not paid more than KRW 20 million out of the above deposit. Even if the defendant received KRW 40 million from the victim, the remaining amount of KRW 140 million was not able to pay KRW 200 million as the starting condition in the solar industry in relation to the above removal work, and there was no intention or ability to re-subcontract the above removal work to the victim. In addition, the defendant did not have any intention or ability to pay the above removal work again, and since he was under demand for repayment from many creditors due to the failure to meet the operating expenses of the defendant operated at the time, he thought that the above money received from the victim was used individually, and it is paid to the above solar industry.