A defendant shall be punished by imprisonment for two years.

Criminal facts

[2015 Highest 872]

1. On July 30, 2013, the Defendant against the victim C, a victim C (68 tax) located in Ansan-si D on July 30, 2013, in the E office actually managed by the Defendant, the Defendant would pay the victim the amount after the date of completion of the delivery if the Defendant supplied tin to the construction site of the F retaining wall in Ansan-dong, Dong-dong, which received a subcontract with the victim.

“The purpose of “ was to make a false statement.”

However, the defendant receives the construction cost from the owner.

Even if it was thought that it would be paid to other businesses than the victim, and it would be supplied with tin from the victim.

Even if there was no intention or ability to pay the price at the time.

From July 30, 2013 to September 3, 2013, the Defendant received a total of 2,200,000 won of the market price from the construction site of the F retaining wall in Ansan-si, Dong-si, on seven occasions, from the damaged party, and did not pay the price, thereby acquiring economic benefits equivalent to the same amount.

2. The Defendant is a person engaged in the construction business of embezzlement against the victim G, and the victim G is a person who operates I (hereinafter “I”) in Ansan-si, Ansan-si.

around April 2015, the Defendant was liable for damages to the Victim G. However, upon receiving a proposal from the victim G that he would help perform the I's work for the repayment of the obligation, and around that time, G obtained data such as the standard contract for private construction works in the name of G from G to enter into a new housing construction contract after North Korea according to G's direction.

On April 13, 2015, the Defendant entered into a contract for housing construction works with the total construction cost of KRW 79,400,000 on behalf of the victim at the house of the owner of the building in Ansan-siJ on April 13, 2015, and immediately receives a transfer of KRW 13,00,000 to the accounts of the Saemaul Treasury in the name of the Defendant, and withdraws it as cash and check on the same day while he/she kept for the victim, and withdraws it as personal debt.