A defendant shall be punished by imprisonment for six months.

Of the facts charged in the instant case, each fraud of the attached Tables 3 and 5 is committed.

Punishment of the crime

[2013 Highest 1260] The Defendant acquired D (Representative E) Co., Ltd. from October 13, 2009, and changed its trade name to F Co., Ltd. on February 8, 2010 while working as representative director.

On July 2, 2008, the Defendant entered into a subcontract with the Busan-gun and D Co., Ltd. (Representative Director E) on the condition that “G area drainage work (a total construction cost of KRW 1.5 billion)” shall be paid 18% of the construction cost ($ 230 million) to E. The Defendant performed the construction work on a lump sum basis.

In addition, on November 22, 2010, the Defendant concluded a contract for the “Road Works in front of H Elementary School (total construction cost of KRW 160 million)” in the name of Jinju-si and F Co., Ltd. and continued construction.

On December 2, 2010, the Defendant made a false statement to the victim K, who operates J in the Gyeong-gun, Busan-gun, Busan-gun, stating that “A drainage work for the G district ordered by the Busan-gun, will be performed. To supply aggregate, the Defendant would immediately pay the cost of materials on the main part of the aggregate.”

However, on February 24, 2009, the Defendant was unable to receive KRW 300 million from E due to the settlement problems in the process of acquiring a corporation by Busan Gun. On December 10, 2009, the Busan Gun paid KRW 4,891,30 out of the progress payment on December 10, 2009 to the National Pension Management Corporation, and KRW 141,560,590 out of the progress payment on December 21, 2009 to the Kim Maritime Affairs Corporation, and the Defendant loaned KRW 422,211,30 out of the loan from the credit service provider and the others until February 2, 201.

In addition, when the Defendant started the “H elementary school road construction” on November 201, 2010, the Defendant had already borrowed from the credit service provider and the branch in excess of KRW 200 million, and the obligees who did not receive money from the Defendant in the “G area draining Road Construction” from December 10, 201 to November 201, seized all the Defendant’s claims against the Defendant’s advance city related to the “H elementary school road construction”, and the Defendant seized all the claims against the Defendant’s advance city related to the “H school road construction.”