A defendant shall be punished by imprisonment for two years.

Punishment of the crime

[2012 Gohap471] The Defendant is a person who operated F&C Co., Ltd. of reinforced concrete construction business from around 2001 to Seodaemun-gu Seoul, Seodaemun-gu, Seoul.

The Defendant aggravated the financial situation of the above F, which he operated at the construction site of G Apartment and at the construction site of Sejong City, with approximately KRW 1.3 billion, and there was a situation where the suspension of construction due to the failure to pay personnel expenses, equipment costs, etc. was occurred due to the failure of funds due to the lack of funds in the H5-Industrial Complex construction sector, which began from May 201, and the additional construction cost burden could not be completed ultimately due to the increase in the burden of additional construction cost. Accordingly, the Defendant did not have any intent or ability to pay the construction cost even if the victims, who are the supplier of materials, have leased or supplied the materials, etc.

Nevertheless, on November 25, 2011, the Defendant stated that “The Defendant would pay the amount of construction materials to a victim’s staff member who was named in the victim’s tax credit at the site of Suwon Child Care Center,” and that it did not pay the amount after receiving construction materials, etc. equivalent to the total market price of KRW 94,175,027 from around that time until July 31, 2012 from the victim to July 31, 2012. In addition, the Defendant received construction materials, etc. equivalent to the total market price of KRW 94,175,027 from the victim’s total 17 companies as indicated in the attached Table of Crimes List (1) from the victims and received construction materials, etc. equivalent to the total market price of KRW 2,65,926,170 from the victims.

Accordingly, the defendant acquired financial benefits equivalent to the above amount against the victims.

[2012 Gohap540] The Defendant, as seen above, has aggravated the financial situation of the F, which he operated, and failed to pay the construction cost in time, thereby resulting in the occurrence of an event of suspension of construction. As such, the Defendant also receives construction materials from the victim I, a construction material supplier.