Defendant

A Imprisonment of one year, Defendant B’s limited partnership company shall be punished by a fine of 3,00,000 won.

However, the defendant A.

Punishment of the crime

1. Defendant A

A. The Defendant is a representative member of B limited partnership companies established for the purpose of installing landscaping facilities.

B around December 29, 2010, “G Drown-type H” was awarded a contract for the installation of “Grown-type H” to KRW 65,227,00 for the construction cost, KRW 66,563,530 for the construction cost, and KRW 63,921,720 for the construction cost, respectively.

On December 31, 2012, the Defendant: (a) transferred KRW 135,50,000,000 to the Nongcheon-gun’s account in the name of Hancheon-gun as advance payment for the said three construction costs from Seocheon-gun; and (b) kept the Defendant on his business for the purpose of Ycheon-gun.

The advance payment of the above construction work shall not be used for any purpose other than the payment of wages and securing materials to achieve the purpose of the contract, and shall be managed in a separate account from other funds.

Nevertheless, around December 31, 2010, the Defendant voluntarily consumed KRW 135,500,000 of the above advance payment for the purpose of the repayment of debt to K under the pretext of repayment of debt, and embezzled it for all 43 times, such as the statement in the list of crimes in the attached Table.

(b) No constructor who violates the Framework Act on the Construction Industry shall subcontract the whole of contracted construction works, or most of the major parts prescribed by Presidential Decree to another constructor;

Nevertheless, the Defendant, as described in Paragraph 1, contracted to perform the installation work of “G Drown type H”, “G outdoor learning facilities”, and “G research H” respectively, and performed the installation work of the above outdoor learning facilities, as described in Paragraph 1, while the Defendant was unable to proceed with the construction work on the wind for consuming advance payment received from Ycheon-gun as described in Paragraph 1, the above three construction works are performed against C operating Gohap.