Defendants shall be punished by imprisonment for six months.

However, as to the Defendants for two years from the date this judgment became final and conclusive.

Punishment of the crime

1. A around March 15, 2014, Defendant A received from the victim E’s “F” of the victim E operation in nutrition group D, and “G for the “I” of the nutrition group H. If the materials to be used in the Corporation are supplied on credit, Defendant A received construction payment and received monthly payments for materials from the victim and received from the victim for construction of housing and cement products.

In the meantime, around July 2014, the Defendant only left 10 million won for the construction cost to be received from the actual G, while the Defendant was unable to pay 50 million won for the material cost and labor cost while carrying out the said construction work, and the financial rights obligation was in excess of the debt amounting to 18 million won. Therefore, even if the material was supplied continuously by the victim, the Defendant did not have the intent or ability to pay the price.

Nevertheless, the Defendant, in F, deceiving the victim that “The construction cost to be received fromG remains, and if the Defendant continues to supply the materials, he would pay the material price to the victim as a result of the continuous supply of the materials.” The Defendant received from the victim the materials supply amounting to KRW 15,514,100 in total from October 2014.

Accordingly, the defendant deceivings the victim and received property equivalent to 15,514,100 won in total from the victim.

2. Defendant B

A. A. Around May 2013, the Defendant made a false statement to the effect that “The Defendant would receive the construction cost received from the construction site where the materials to be used in the construction work are supplied on credit, and pay the victims the price of the materials until the delay in the 2013.”

However, in fact, the Defendant had a debt amounting to KRW 150 million at the time, while the Defendant did not obtain any special benefits even at the construction site the Defendant performed, so there was no intention or ability to pay the amount even if he received materials from the victim.