The punishment of the accused shall be determined by one year and six months.

However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

[Criminal Power] On June 7, 2018, the Defendant was sentenced to a suspended sentence of two years on the 15th of the same month, for violating the Labor Standards Act, in the Daegu District Court Port Support, and the judgment was finalized on the 15th of the same month.

【Criminal Facts】

The defendant is a substantial operator of B Co., Ltd. (hereinafter referred to as “B”) which is an industrial machinery painting company.

The victim C Co., Ltd, as a chemical machinery manufacturer and machinery manufacturer, subcontracted the part of the project for manufacturing various facilities conducted by the victim to the Dispute Resolution Co., Ltd.

The defendant, who did not pay the progress payment in time to the Dispute Resolution Co., Ltd., did not request the victim to correct the progress payment as if the Dispute Resolution Co., Ltd. completed the construction work not yet implemented, or claimed the progress payment in duplicate and received the progress payment from the victim.

On June 30, 2016, the Defendant submitted a written report to the effect that “The Co., Ltd. shall pay KRW 159,459,608 on June 6, 2016, to the victim’s payment of the progress payment of KRW 159,459,608,” at the office of the B office in North-gu, Northern-si, the Seoul Special Metropolitan City.”

However, in fact, AB received advance payment of KRW 183,73,00 out of total progress payment of KRW 490,897,00,00 from the victim, and received KRW 185,111,344 from the victim on May 2016, and therefore, B in turn received the progress payment of KRW 122,05,052,656 ( KRW 490,897,000 - KRW 183,73,000 - KRW 185,11,344) from the victim, the Defendant claimed the remainder payment of KRW 37,406,952.

As above, the Defendant, by deceiving the victim as above, received KRW 37,406,952 as the progress payment from the victim and received KRW 37,406,952 in the account in the name of the Bank in the name of the Bank in the name of “B” (F:) and received KRW 514,765,504 from that time until November 30, 2016, by deceiving the victim eight times in total, as shown in the separate list of crimes, as shown in the annexed list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Each police protocol on G, H, I, J, K, L, and M;

1. Each written statement;