A defendant shall be punished by imprisonment for two years.

Punishment of the crime

The Defendant is serving as a representative director of D from July 1, 2013 to November 19, 2014, and from March 6, 2015 to March 6, 2015.

D In receiving the “E Corporation” amounting to KRW 2.96,490,000 on June 25, 2014, and advance payment to KRW 880,000,000,000,000,000,000,000,000 won, the ordering agency, “The advance payment shall not be used for any other purpose, and in case of breach of a contract, the advance payment shall be repaid as the amount guaranteed under the advance payment.

“Presentation” submitted a note and an advance payment plan, and submitted from the Construction Mutual Aid Association on June 26, 2014, an advance payment guarantee for KRW 923,750,000 for the guaranteed amount to the ordering authority upon issuance of the advance payment guarantee, and received advance payment of KRW 880,000,000 for the account of Han Bank on June 27, 2014.

On the other hand, in order to secure the performance of the guaranteed obligation when receiving the above advance payment guarantee from the Construction Mutual Aid Association, the Defendant provided the said Mutual Aid Association as collateral, and entered into an advance payment joint management agreement with the said Mutual Aid Association by depositing the security amount in a money trust with a specific financial institution and designating it as the priority beneficiary, and the amount of the joint management would be paid with the consent of the Mutual Aid Association by submitting the “won for confirmation of settlement of advance payment” in advance according to the settlement rate of the relevant advance payment.

On March 2, 2015, the Defendant received advance payment of KRW 1350,000,000 in advance for KRW 485,000 won around June 30, 2015 through the first time inspection by the group of the south Facilities of the Korea National Defense Headquarters in around the National Defense Headquarters on June 17, 2015, and paid KRW 352,960,000,000 in advance for the amount of KRW 485,960,000 around June 30, 2015, but paid by the creditors of D Co., Ltd. (related to the obligation to pay the construction price at other construction sites) upon provisional attachment of claims, and required for operation funds such as monthly payment for employees, etc.