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A defendant shall be punished by imprisonment for four months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
(e).
Reasons
Punishment of the crime
The defendant is a director in-house director of a stock company B for the purpose of housing construction business, etc., who actually operates the above two companies as a director in-house director in-house corporation C for the purpose of real estate execution business.
The Defendant entered into a contract for a construction project with the victim E Co., Ltd. with respect to the “Fire-Fighting Corporation” among the new construction works in Gwangju Northern-gu, Inc., which was implemented by the Defendant, with a view to KRW 193 million, and pursuant to the said contract, the victim E Co., Ltd. completed construction works on August 30, 2017, but did not pay KRW 130 million out of the construction cost.
On the other hand, Defendant 1 contracted the construction of an apartment complex on the said note to F, and F, on May 26, 2017, subcontracted the construction of machinery and equipment among the said new construction works to G, the victim Company G, and on the same day B, the victim Company G, on September 8, 2017, did not pay KRW 130 million out of the construction cost, even though the victim Company G completed the said construction work on or around September 8, 2017 under the agreement to directly pay the construction cost.
Accordingly, on June 25, 2018, the victim E Co., Ltd. and the victim G Co., Ltd. filed a civil lawsuit seeking payment of KRW 130 million for the construction cost against B Co., Ltd. on June 29, 2018. On June 29, 2018, the victim E Co., Ltd. filed a civil lawsuit seeking payment of KRW 130 million for the construction cost against B Co., Ltd., and the defendant was likely to be subject to compulsory execution against H state buildings owned by the above victim Co., Ltd. according to the pertinent judgment, and to escape this, the defendant was willing to complete the registration of transfer of ownership in the name of the said Co., Ltd. newly established by the defendant on September 4, 2018, or to establish a false collateral security in the name of the defendant’s spouse.
1. The name of the spouse is false;