A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Punishment of the crime

Some of the facts charged were corrected.

The defendant is the actual operator of the company B, who has executed the new construction work of multi-household houses in Seongbuk-gu Seoul Metropolitan Government D ordered by the victim C.

1. On October 29, 2016, the Defendant entered into a contract on construction works with the victim and the relevant multi-household house construction works with the amount of “1.1 billion won (including additional taxes) and construction period: From June 10, 201 to April 30, 2017; and 0.1% of the penalty for delay at the rate of 0.1%.”

On February 15, 2017, the Defendant requested the victim to pay the completion payment directly to each sub-contractor who participated in the instant construction work at the construction site of multi-household housing and each sub-contractor who participated in the instant construction work. As E is proceeding with civil engineering, investigation, and relief, E paid construction cost of KRW 49.5 million and made a false statement, and made and delivered a written request to the victim.

However, the defendant, at the above B Co., Ltd., directly conducted civil engineering, investigation, and prestigious works, and there was no fact that he had entrusted a subcontract for construction work to E.

The Defendant, by deceiving the victim as such, had the victim affix his seal to the payment-related documents equivalent to the above construction cost, and received 49.5 million won from the G Bank account (H) in the name of E on the same day through F where the loan under the victim’s name is executed.

2. On April 20, 2017, the Defendant is difficult to promptly proceed with construction at the site of new construction of a multi-household house as indicated in paragraph (1) and the victim’s “defensive financial difficulties.”

It is necessary to establish a joint guarantor in order to lend the degree of KRW 100 million to the former owner of I and appropriate it for the construction cost.

Therefore, the construction will be done as soon as possible by financing the guarantee fund.

At present, there is a construction work conducted in the iron sources of Gangwon-do, and the construction work completion amount is expected to be immediately paid at that site.