Defendant

Park Jong-young, Kim Jong-jin, Kim Jong-sik, and Kim Min-young (Public trial)

법무법인 윈앤윈 담당 변호사 서정훈

A defendant shall be punished by imprisonment for a term of one year and two months.

Ⅰ. "2014 Highest 1421";

On October 2013, the Defendant, as a real manager of Nonindicted Company 6, the Defendant, at the construction site of the “Water Quality Improvement Project for Agricultural Water in the Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gu, Chungcheongnam-do, Chungcheongnam-do, Chungcheongnam-do, Seodong-gu, Chungcheongnam-do, the Defendant: (a) made Nonindicted Company 7, an employee of Nonindicted Company 2, the victim Nonindicted Company, start construction according to the “contract for Manufacture and Installation of Rubb River,” which was entered into between the Defendant and the victim Company on September 2012; (b) made the victim Company start construction; (c) made the said construction; and (d) asked Nonindicted Company 7, at the site of the said construction site, to the effect that “I would pay for the completion of construction works”, “I would not pay for the completion of construction works; and (d) would have the victim Company continue to do so immediately after completion of construction works from the said construction site.”

However, on September 2013, the time when the Defendant ordered the above victim company to start the construction work, the remainder of the construction work that was received from the said victim company had not been paid to KRW 27.77 million. On September 2013, 2013, the Sindong District Corporation in charge of other than the said Sindong 2 District Corporation could not receive the additional construction work due to the destruction of the construction contract and the failure to continue the construction work normally, and the remaining construction payment claims were seized by other creditors. As such, even if the victim company ordered the construction work, there was no intent or ability to pay the construction payment.

As above, the Defendant, by deceiving the victim company, had the victim company perform the construction work of “production and installation of rubber water quality improvement greens for agricultural water quality improvement projects in the 2nd passenger zone” until December 31, 2013, and acquired pecuniary benefits equivalent to KRW 143 million for construction cost by deceiving the victim company.

Ⅱ. "2015 Highest 235";

On November 2, 2011, the Defendant was awarded a subcontract for construction works related to the water quality improvement project in the area No. 2 in Chungcheongnam-gun, Chungcheongnam-do, Chungcheongnam-do, and then entered into a partnership contract with Nonindicted 3 in the office where the Defendant located in the city No. 11 ( Address 1 omitted) around November 201, in order to carry out the construction works together with the victim Nonindicted 3 in the office where the Defendant was operated, and entered into a partnership contract with the content that he distributes profits by settling accounts of the progress payment each time at the same time.

Around March 16, 2012, the Defendant received KRW 171,00,00 from Nonindicted Co. 4, a principal contractor, in relation to the construction work at the above Defendant’s office, as a progress payment for the construction work, from Nonindicted Co. 4, a principal contractor, and deposited an amount equivalent to KRW 45,00,000 in the Defendant’s corporate bank account under the name of the Defendant’s and the victim’s business assets, and granted KRW 45,00,000 to Nonindicted Co. 12, for whom the Defendant had been individually liable for the settlement of the funds for the business operation at will

As a result, the Defendant arbitrarily consumed the amount of 45 million won for the same business with the victim and embezzled business.

III. "2015 Godan1007"

The defendant is in a de facto marital relationship with Nonindicted Party 1.

On October 2, 2012, the Defendant purchased a car of △△△△△△△ in the name of Nonindicted Party 1 in the name (vehicle number omitted) and borrowed 63.5 million won from Nonindicted Company 13, the victimized company, and on October 25, 2012, set up a collateral security right of 44.55 million won as the mortgagee for the said car as security.

On October 2014, the Defendant conspired with Nonindicted Party 1, the Defendant, in collusion with Nonindicted Party 1, borrowed the said car, which is the object of the right of the victimized company, to Nonindicted Party 14, in a manner of providing it as security, and thereby, prevented the victimized company from finding the said car.

Accordingly, the Defendant conspired with Nonindicted Party 1 to conceal his own property which became the object of another person’s right and interfered with the exercise of another person’s right.

1. Defendant's legal statement;

1. Each statement of the witness, Nonindicted 7, 16, and 17

1. Each protocol concerning the examination of the accused by the prosecution;

1. Each protocol concerning the examination of the suspect against the defendant;

1. Each police statement on Nonindicted 7, Nonindicted 3, and Nonindicted 18

1. Each complaint;

1. A written application for an erroneous part, an agreement on an erroneous part, the details of receipt of principal and interest on a disposable discrimination, etc.;

1. Peremptory notice on the exercise of mortgage rights;

1. Article applicable to criminal facts;

Articles 347(1)(Fraud), 356, 355(1)(the point of occupational embezzlement), 323, and 30(the point of interference with the exercise of rights) of the Criminal Act, and the choice of imprisonment, respectively.

1. Aggravation for concurrent crimes;

Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act

1. Sentencing criteria (in cases of obstruction of exercise of rights, offenses prosecuted before the sentencing criteria are set);

Category 1 Crimes (Fraud): Basic area (1-4 years) for Type 2 (not less than KRW 100 million, less than KRW 500 million), General Fraud;

No special person who has been sentenced to punishment;

Second Crimes (Embezzlement and Breach of Trust): Type 1 (100 million won) basic area (4 to 14 months), no special person who has been punished.

Scope of final sentence due to the aggravation of multiple offenses: one year to four years;

2. Determination of sentence;

It is unfavorable under the circumstances, such as the fact that the victim was causing considerable damage to the number of persons, but did not pay damage, and the fact that the victim wanted to punish the defendant with severe punishment over the fine for the last ten years. It is more favorable to the fact that there was no record of punishment than the fine for the last ten years, and reflects it. Such circumstances and circumstances, including the age, character and conduct of the defendant,

Judges Lee Jin-hwa