A defendant shall be punished by imprisonment for one year.

Criminal facts

Since the end of 2015, the Defendant, while mediating for sale of 30 parcels of land for the factory of the B members of the Namyang-si, was awarded a contract with the purchaser for construction of new factories, etc.

From May 2016 to October 2016 of the same year, the Defendant reported losses of at least KRW 100 million while constructing construction works on the above C, D, and E, and demanded repayment of debts, but otherwise, it was impossible to raise funds. As such, the Defendant was in mind at the so-called “defensive” method by receiving the construction cost of another contract in advance and paying the transferred construction cost.

1. On December 8, 2016, the Defendant entered into a contract with the Victim F to perform a civil engineering and construction work for the B neighborhood living facilities and a construction work for KRW 140,00,000 from the Victim F, and concluded that the Defendant would promptly complete the construction work by ordering the Defendant in advance the follow-up construction materials, such as the beam beamline, board board, etc. during the process of performing the civil engineering and basic construction work.

On December 21, 2016, the Defendant received 44,000,000 won from the victim as the sn beam production expense, 1,400,000 won under the name of electric voltage on February 10, 2017, and 44,000,000 won in total under the name of the printing team construction cost on February 14, 2017, and acquired 89,40,000 won in total under the name of the printing team construction cost.

2. On October 6, 2016, the Defendant received a contract from the victim G to KRW 321,200,000 for construction work on the H-ground warehouse building from the victim G, and received KRW 270,000,000 from March 6, 2017. However, the construction work was not yet performed in amounting to KRW 50,893,02, such as underground sewage pipes, asphalt packing, second floor access roads, h beam beam reinforcement, and pents installation. Although it was necessary to repair defects equivalent to KRW 27,70,00,00 due to the lack of concrete packaging in the interior floor of the building, the Defendant did not have any capacity to perform the construction work any longer.

On March 7, 2017, the Defendant stated that the Defendant would complete construction work on the face of KRW 40,000,000 for the victim, thereby obtaining the confirmation of construction completion, and that it belongs thereto.