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Defendant shall be punished by a fine of five million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
As the representative of C Co., Ltd. (including D Co., Ltd. merged with C around August 2014; hereinafter “C”), the Defendant is a person who, around July 2010, received an order from the victim F (hereinafter “victim F”) located in Gohap-gun, Chungcheongnam-gun, Gyeongcheon-gun, and continued construction upon receiving an order from F, and continuously continued construction upon receiving an order from F.
In addition, from January 201, H is a person who has been in charge of the business of selecting a construction company and paying construction cost ordered by the victim F while working as the director in charge of the management of the last office under the victim F from January 201, and L is a person who has been in charge of the execution and management of G operating expenses while working as the president of G.
1. Around July 2010, the Defendant was selected as the victim I and the construction company of G new construction in Gohap-gun and J as the victim F. On July 28, 2010, the Defendant entered into a new construction contract for G construction (hereinafter “original contract”) with F and entered into a written estimate to the effect that “the Defendant will undertake new construction of G construction at KRW 3,310,000,000, including the net construction cost, KRW 2,719,179,935, and the management cost, etc.” between F and F.
On February 15, 2011, the Defendant submitted a written estimate to implement additional construction works worth KRW 390,700,000,000, and entered into a new construction contract for G construction with F (hereinafter “additional contract”).
However, the fact was that the defendant did not perform the construction work according to the estimates submitted to F at the time of entering into the original contract, and there was no intention to perform the construction work in accordance with the estimates of the additional contract.
In order to maximize profits, the Defendant’s construction is omitted, or the content of design is modified, or the use of low-price materials is ultimately made at the time of entering into a G original contract.