A defendant shall be punished by imprisonment for four months.

Punishment of the crime

On May 1, 2011, the Defendant is the actual operator of (ju)D awarded a subcontract for the Changho Construction of the Bioscience Convergence Center at Cuniversity Hospital with the amount of KRW 880 million among the new construction works of the Bioscience Convergence Center at Cuniversity Hospital.

Around January 23, 2013, the Defendant entered into a subcontract for construction works with F, the representative of the Victim F, under which the Defendant entered into a subcontract for construction works with F, the construction works to build roll-proof nets at KRW 62,70,000,000,000,000,000,000 won.

2. By April, 200, the above construction was completed.

However, in fact, the Defendant had no way to pay the construction cost to the victim except for the construction cost to be paid from the main truck, which is the prime contractor, due to financial difficulties at the time, while the Defendant confirmed that the Defendant had already received KRW 849 million exceeding 187 million,00,000,000,000 from the ordinary progress payment by unaffording the original truck on October 19, 2012, and prepared the “a letter of confirmation and repayment” with the content that the Defendant would settle and repay the above over-term amount to the original truck in the future. As such, the Defendant did not actually have received the construction cost from the (main) original truck.

Nevertheless, the defendant concealed the above circumstances and caused the victim to complete the construction work as if he would normally pay the construction cost to the victim, and did not pay 62.7 million won for the completion of the construction work, thereby acquiring property benefits equivalent to the same amount.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness G, and the protocol of interrogation of the defendant by the prosecution;

1. Statement of the police statement concerning F;

1. A service contract for construction works;

1. Application of Acts and subordinate statutes to check over the appropriateness and reject repayment;

1. Determination of the relevant Article of the Criminal Act and Article 347(1) of the Criminal Act regarding the criminal facts and the assertion of the defendant and his/her defense counsel

1. The defendant is the victim.