Defendants shall be punished by imprisonment for eight months.

However, the execution of each of the above penalties shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

Defendant

A is the representative director of E, a corporation located in Hanam-gun, Hanam-gun, and the defendant B is the director.

Defendants, in collusion, in the office of the above company around September 26, 2016, would pay the victim F the amount of the construction work at the time of completion of the construction work.

“Along with the victim,” a contract for electrical construction with the victim was concluded on September 26, 2016, with the content that the amount of construction would be KRW 57 million, and the date of completion of construction until October 30, 2016.

However, in fact, the Defendants did not have the intent or ability to pay the cost of construction to the victim even if they had the victim complete the electrical construction by concluding an electrical construction contract with the victim because there is another obligation equivalent to approximately KRW 2.5 billion at the time.

Nevertheless, even if the Defendants deceiving the victim and let the victim complete all electrical construction, the Defendants did not pay the total of KRW 62 million, including KRW 57 million and KRW 5 million for additional construction.

As a result, the Defendants conspired to induce the victim to obtain pecuniary benefits.

Summary of Evidence

1. Defendants’ legal statement

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes to construction contract contracts, estimates, and payment of electrical construction proceeds;

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense / [Selection of imprisonment]

1. The reasoning for sentencing under Article 62(1) of the Criminal Act of the suspended sentence does not have the same record to the Defendants, and the fact that part of the damage was recovered in the relevant civil procedure, and the conditions of sentencing indicated in the record, such as the Defendants’ age, occupation, sex, sex, family relationship, living environment, circumstances leading to the crime, and circumstances after the crime, etc., shall be determined by comprehensively taking account of the following factors: (a) the execution of the sentence shall be suspended.