Text
Defendant
A Imprisonment for four years, Defendant B’s imprisonment for ten months, and Defendant C Company for a fine of 50,000,000.
Reasons
Punishment of the crime
Defendant
C A Co., Ltd. (hereinafter referred to as “C”) is a corporation for the purpose of building construction business, etc., and Defendant A is the actual representative director of Defendant C, and Defendant B is a construction business operator who subcontracted the construction business by C.
Defendant
A around April 12, 2007, around June 23, 2007, entered into a contract with the victim M&A (hereinafter “M”) for the construction of a new construction project on the ground (hereinafter “instant construction project”) such as Ansan-si (hereinafter “the instant construction project”) from the victim M&A (hereinafter “M”), and entered into a contract with the private construction project owner for the construction project up to December 31, 2007 (hereinafter “the instant construction contract”). A, around May 2, 2007, entered into a contract with the Defendant for the construction project cost of KRW 3.3 billion (including value-added tax), construction period (hereinafter “the instant contract”) and the standard contract for the construction project to be subcontracted to the Defendant as of December 15, 2007.
On October 15, 2007, Defendant A drafted a “contract for the modification of a contract for construction work,” which extends the construction period to July 31, 2008, the construction amount of KRW 4.4 billion (including value-added tax) increased to KRW 12.65 billion (including value-added tax).
In addition, on May 18, 2007, Defendant A lent KRW 1 billion to M (hereinafter “the instant loan agreement”), prepared a “strawing document” made on December 31, 2007 as the loan amounting to KRW 1 billion, KRW 1 billion, and the due date for repayment, and written a standard contract for private construction works (hereinafter “internal construction contract”) made on October 30, 2008 with the amount of the inside construction works of the said Ansan factory completed as of October 30, 2008 by being awarded a contract from M as well as the amount of construction works KRW 2.19 billion (excluding value-added tax).
However, in fact, Defendant A did not agree to increase the construction cost of M and the instant case at the time of the preparation of the said “Contract for Modification of Contract for Construction Work” and M’s non-fund.