A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Punishment of the crime

[Majority Relationship] On January 11, 2018, the Defendant was sentenced to a suspended sentence of one year for a violation of the Labor Standards Act at the Suwon Giwon, and the said judgment became final and conclusive on January 19, 2018.

[Criminal facts] The Defendant is a person who operates D Co., Ltd., a supplier of strong structures in Gunsan-si.

On September 25, 2016, the Defendant stated to the victim E at the above company’s office that “The Defendant: (a) entrusted two places in the Suwon-si G Pinte Corporation located in the Suwon-si G Pintegian Complex and the H integratulation Corporation; (b) calculated the construction cost of KRW 10,000 per 1 Hague (land size); and (c) calculated the construction cost of KRW 50% until December 31, 2016; and (d) the remainder of 50% until January 2017.”

However, at the time, the Defendant was unable to pay approximately KRW 65,125,390 to the employees working in the above company due to the shortage of funds, and the construction cost received from the contractor in connection with the instant steel construction project is insufficient to use the funds in advance for the pre-existing construction cost, and thus, it is impossible to pay the funds if the Defendant did not return the funds for the pre-existing construction work, so the Defendant cannot pay the funds. Therefore, even if the victim completed the construction work, there was no intention or ability to pay the agreed construction cost to the victim.

Nevertheless, the Defendant: (a) by deceiving the victim as above, had the victim complete the said scrap metal construction; and (b) did not pay the construction cost equivalent to KRW 55,50,00 in total of KRW 38,280,000 and construction cost related to “G” and KRW 17,270,000 in total; and (c) obtained financial benefits equivalent to the same amount.

In this respect, the defendant had taken advantage of property by deceiving others.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Standard subcontract agreements of each type of construction business, and each electronic tax invoice;

1. The credit report, each investigation report, and each investigation report, with respect to the identification of the identity of the accused A personal account transaction, shall be prevented.