A defendant shall be punished by imprisonment for six months.

Punishment of the crime

The defendant is a person who actually operates an E company that mainly engages in the construction of steel structure in Hanam-gun C and D.

"2012 Highest 511"

1. On October 201, the Defendant made a false statement to the victim F that “If the Defendant completed the construction of the new construction of the (ju) H plant and the office building built by the E company run in Korea, he/she shall receive the progress payment from the (ju) HH around November 201, and paid the payment for the construction cost, such as labor cost and temporary materials rent, to the Party.”

In fact, the Defendant was unable to pay approximately KRW 40 million of the value-added tax and the global income tax since 2010, and was in excess of the obligation to pay KRW 140 million to the Company from October 201 to the Company. The Defendant, upon receipt of progress payment from H, planned to pay the value-added tax, personnel expenses, and expenses that had not been paid to the victim. Therefore, there was no intent or ability to pay the amount agreed upon to the victim.

Nevertheless, the defendant, by deceiving the victim, had the victim perform the subcontract work, thereby acquiring financial benefits of about 17 million won in the subcontract price.

2. Around September 27, 2011, the Defendant was awarded a contract under the name of the E company with the victim H to “(State) J’s actual factory construction work” in the name of the E company in its operation.

Since then, E company operated by Defendant 1 was supplied with steel materials, such as the shot beamline, which is used in the construction of a new plant of H (H), from I corporation.

On October 22, 2011, the Defendant provided steel materials from I Co., Ltd., the representative of the victim Co., Ltd., with steel shot beamline used in the construction of a new factory for the J et al., the E Co., Ltd., the Defendant: (a) around 2, 201; (b) around October 22, 201.

E Company shall pay to I Company.