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A defendant shall be punished by imprisonment for three years.
Reasons
Punishment of the crime
The defendant of "2015 Highest 1714" was a person who was the representative director of E, a corporation established for the purpose of manufacturing construction equipment and wholesale and retail business in Seo-gu, Chungcheongnam-gu, Incheon. The victim F, a corporation established for the purpose of manufacturing and selling the flat dplate-making machinery in Nam-gu, Incheon. The victim H corporation is a corporation established for the purpose of installing machinery and equipment in Seo-gu, Nam-gu, Incheon.
At the time of concluding the construction contract as set forth below with the above victims company, the defendant company was in the status of having been reporting losses due to failure to create sales from the early 2014 when the liabilities of capital were greater than those of the above victims, and even if the construction contract entered into with J and K Co., Ltd. is entrusted to the above victims companies and subcontractors, it is proceeding so-called the so-called "competing construction work" by using the payment of the accrued construction cost or paying it as wages of employees, etc., so there was no way to pay the construction cost to the victims company.
1. Around August 28, 2014, the Defendant entered into a contract for construction with the employees of the victim H Co., Ltd. on the following grounds: “Around August 28, 2014, the Defendant would pay KRW 225,00,00 as the price for the transfer and installation of the K 1 Factory CVD equipment 1, 2, 3, and 4 to the second factory and its appurtenant work related thereto.”
However, as above, the Defendant was unable to pay the price to the victim company in excess of his/her debt, and the Defendant used the money received from K as the so-called so-called “Down Corporation” under the name of L, M, and employee pay, so there was no intention or ability to pay the price to the victim company.
The Defendant had the victim company proceed with construction work from September 11, 2014 to January 12, 2015, and around September 15, 2014, 35 million won.