Defendant

A Imprisonment with prison labor of 10 months and fines of 1,00,000 won, and Defendant B shall be punished by a fine of 4,00,000 won.

Punishment of the crime

The E Kindergartens 2016 Highest 510 is the owner of the G Corporation (hereinafter “instant Corporation”), who is a kindergarten located in the F of the Gangwon-gun of Gangwon-gu, and Defendant A is the representative of the Co., Ltd. (hereinafter “instant Corporation”). Defendant A is the contractor who, around December 31, 2012, performed the instant construction by contract with E Kindergartens for the cost of construction KRW 280,000,000, and Victim H is the representative of the I Co., Ltd. (hereinafter “the instant construction”).

On December 31, 2012, the Defendant commenced work after receiving KRW 120 million as advance payment from E Kindergartens during the work price. However, around August 31, 2013, the contract term was completed only by up to 40% of the total progress rate of the instant construction work, which was the date of the contract, and most advance payments received from E Kindergartens due to the aggravation of management, etc. were placed in a situation where it is no longer possible to proceed with the instant construction work due to the use of company operating expenses or employees’ wages, etc., the Defendant would have the victim enter into a subcontract contract with the victim (hereinafter referred to as “subcontract contract of this case”) to conclude the remainder of the construction work during the instant construction work and acquired pecuniary profits equivalent to the relevant construction cost.

On September 3, 2013, the Defendant entered into the instant contract with the victim, through the J, an employee of the said E Kindergarten, stating that “The remainder of the construction work during the instant construction is 160 million won and, upon completion of the remaining construction work, would have the victim be paid directly from E Kindergartens,” and entered into the instant contract with the effect that the construction work for the remainder of the construction work during the instant construction work is completed until September 2013, 2013.

However, in fact, from September 1, 2013, the Defendant was unable to perform his/her obligation on the grounds of the lapse of the construction period due to the failure to perform his/her obligation from around September 1, 2013, and there was a situation where a delay in the amount of KRW 300,00 or KRW 70,00