A defendant shall be punished by imprisonment for not less than eight months.

Punishment of the crime

On August 28, 2014, the Defendant entered into a contract with the victim F, who is the operator, through the staff of the Bupyeong-gu Incheon Metropolitan Government Office of the Dispute Resolution Co., Ltd., Ltd., the Defendant: (a) ordered construction works by the Seo-gu Incheon Metropolitan Government Office of Seo-gu to pay KRW 89 million for the subcontract price, and (b) ordered construction works ordered by the SH Corporation (hereinafter referred to as the “SH order construction works”); and (c) falsely stated that “To pay the subcontract price” by the construction works of the Gu office of Incheon, Seo-gu, Incheon, which is ordered by the employees of the Dispute Resolution Co., Ltd., Ltd. (hereinafter referred to as the “SH”).

However, the Defendant did not have any asset under the name of the Defendant at the time, while the Defendant was in arrears of KRW 70,119,350, the value-added tax for the second quarter of February 2014, and the amount of personal debt of KRW 180,000,000, including the Credit Guarantee Fund loan of KRW 180,000,000,000, and the Defendant did not have any intent or ability to pay the subcontract price for the “SH Corporation” to the said victim because it was not agreed to receive the “SH Corporation”.

Nevertheless, as above, the defendant deceiving the above victim and had the above victim complete the construction by entering into a subcontract for the construction work of the Seo-gu Incheon Metropolitan Government Office, and did not pay KRW 74 million out of the construction work price, thereby acquiring property benefits equivalent to the same amount.

Summary of Evidence

1. Each legal statement of witness F and G;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Each protocol of suspect interrogation of the police against the accused (including the statement of H);

1. Statement made by the police with H;

1. Complaint;

1. An application for payment order, construction contract, electronic tax invoice, business registration certificate, business instruction, specifications, inquiry of past transaction details, additional value-added tax receipt, request for proposal, request for purchase review of materials, copy of certificate of selection of outstanding public design, copy of passbook transaction details, and installation of road safety facilities.