A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Punishment of the crime

The defendant, as the representative director of the corporation B, was promoting the construction project of main complex facilities and the new construction project of officetels in 8 lots, such as Sucho-si C, Gangwon Yangyang-gun D.

Around December 8, 2017, the Defendant, an employee of the victim F, in the foregoing B Co., Ltd., Ltd., the Defendant: “The Defendant will undertake three construction works including the removal works at the construction site of the main complex facilities in the Sinsi City, the construction works of civil engineering works and the construction works of officetelss following the construction works, and the construction works of officetels construction works implemented in Yangyang-gun, Gangwon-gun. However, now, the Defendant borrowed KRW 200 million as the settlement of part of the down payment of the construction site of the Itel and part of the intermediate payment of the construction site in the Sinsi-si. The money will be used for the land price, and all repayment works until January 8, 2018.” The Defendant drafted a special agreement on the construction contract and construction works for the construction works of an officetel in the construction of the main complex facilities in the Hosi-si Sin City and Joyang-si.

However, the Defendant intended to use the loan from the victim for the purpose of repayment of debt, company operating expenses, and the interior cost of the entertainment bar operated by the Defendant’s wife, and at the time, the purchase of the business site, including C and 8 lots, was not completed at the time, and the project site of the Gangwon Yangyang-gun did not reach an agreement on the conclusion of the contract, making it difficult for the Defendant to contract the construction to the victim. Since the Defendant did not have secured funds or additional investments from the trust company, the Defendant did not have any intent or ability to fully repay the loan by January 8, 2018, as in the above agreement.

Nevertheless, on December 11, 2017, the Defendant received 100 million won from the victim to the Defendant’s account on December 11, 2017, and KRW 110 million to B’s account, respectively, and KRW 210 million in total.