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

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

Punishment of the crime

The Defendant stated that, around September 30, 2009, at the office of the head of the E Association located in Yong-Gun, Jeonan-gun, Yong-Gun around September 30, 2009, the Defendant stated that “I will immediately pay the victim C, who is the Han-gun Construction Business Operator, the Han-gun branch of Han-gun branch of Han-gun branch of Han-gun branch of Korea, and will pay the balance within 15 days after the completion of the construction of the E Association.”

However, even if the Defendant received the subsidy, he used half of the subsidy for personal purposes, such as the Defendant’s repayment of the Defendant’s debt, and paid the remainder to the victim. Since the subsidy is a subsidy appropriated for the hanok construction cost, it is in the nature that the contractor should immediately pay the subsidy (such as investigation record 356 pages), and each construction contract contract of this case also states that “the subsidy shall be paid to the contractor immediately after receipt.”

(Investigation Records 17-19 pages) This is very important because, from the standpoint of the contractor, the contractor becomes an important source of funds for carrying out the work.

Nevertheless, on April 30, 2010, the Defendant received a total of KRW 80 million for each hanok in the name of H and I, and paid KRW 40 million to the victim. On June 15, 2010, the Defendant received a subsidy of KRW 40 million for hanok in the name of the Defendant and paid KRW 20 million to the victim. Ultimately, unlike the initial promise, the Defendant did not pay KRW 60 million for the victim, which is half of the subsidy of KRW 120 million.

① As to the subsidy of April 30, 2010: The Defendant asserts that half of the subsidy was paid to the victim after prior consultation with the victim due to the occurrence of a situation in which the Defendant would have to pay the wood price, flag and price that the victim originally should bear.

(i) However, with respect to a timber supply contract, the parties are victims and the defendant are merely the guarantor (such as investigation records 21 pages), and they are related to the weather.