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

Of the facts charged in the instant case, innocence 1 and 2 of the attached Table Nos. 2

Punishment of the crime

Part of the facts charged was revised to the extent that it does not harm the defendant's right of defense.

The Defendant is a representative director of C Co., Ltd (hereinafter referred to as “C”) established for the purpose of building construction business, etc. located in Seongbuk-gu, Sungwon-si.

Around February 10, 2017, the Defendant concluded that the Defendant would pay the victim D with the foregoing C office, and that the Defendant would pay the construction cost if he/she would have dismissed the installation work among the E-Building Work.

However, the Defendant committed a debt worth KRW 1 billion without any property, and C was subject to the cumulative obligation, such as being declared bankrupt by the Changwon District Court on July 27, 2018, and was in a situation preventing the return of the construction cost received from the project owner, etc., and thus, even if the victim who received the subcontract construction work as above, there was no intent or ability to pay the construction cost to the victim even if the victim completed the construction work.

As such, the Defendant, by deceiving the victim, had the victim carry out the construction work at the above construction site in June 2017, and had the victim do so, and did not pay 26,586,000 won for the construction cost of KRW 50,050,00, and acquired the same amount of pecuniary gains. From February 10, 2017 to March 15, 2018, the Defendant acquired financial gains equivalent to 25,39,49 won for the total sum of the construction cost unpaid from the victims over 11 times in the above manner, as shown in the [Attachment Table 3-13] from February 10 to March 15, 2017.

In this regard, the defendant argues that financial standing has not been omitted due to the reasons such as unsold in lots, and eventually caused corporate bankruptcy, and that the defendant did not deceive the victims.

A. In the course of a transaction conducted in the course of carrying out the legal doctrine, where the nonperformance of the obligation is predicted and a part of fraud against the corporate manager is at issue, the corporate body was at the time of the transaction, and the corporate body was at the time of the transaction, and thus, becomes bankrupt according to the circumstances.