A defendant shall be punished by imprisonment for not less than eight months.

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

Punishment of the crime

On April 19, 2018, the Defendant was sentenced to the suspension of the execution of the imprisonment of six months at the Cheongju District Court for fraud, and was currently in the second trial, and was actually operating the E Business Headquarters of the Social Welfare Foundation D Foundation in the third trial.

On September 2014, the Defendant was awarded a contract for the “LCS control device and LCS sign manufacture and installation work” within F from the headquarters of the Busan Gyeongnam Headquarters of the Korea-Road Corporation in KRW 98,667,437, and on October 2014, the Defendant concluded a subcontract contract for the said construction work with the victim (H representative director) by e-mail through the employees in charge, as if he would pay the construction cost in full at the above E business headquarters.

However, at the time, the parent chain D foundation of the above headquarters has withdrawn KRW 1 billion of basic property without permission and discovered useful facts, and was placed on February 9, 2016 when the permission for the establishment of the foundation was revoked on the ground that it did not comply with the corrective order of the authority regarding the management of the foundation's property, and thus, the permission for the establishment of the foundation was revoked on February 9, 2016 (the investigation record 536th page). In addition, due to the serious business difficulties, taxes were in arrears, employees' wages were not paid at once, and the victim company did not have the intent or ability to pay the construction price even if it had the subcontractor work as above, such as seizure from other creditors with respect

The Defendant, by deceiving H as such, had the victim company complete construction, such as LCS control devices, etc. in the instant tunnel from around that time to around January 2015, and acquired pecuniary benefits equivalent to KRW 80,561,837 by failing to pay the subcontract price to the victim company even after receiving full payment of the construction cost from the road construction works.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement concerning the suspect interrogation protocol of the defendant by the prosecution;

1. Statement made by the police with H;

1. The complaint shall be filed, each of three obligors;