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A defendant shall be punished by imprisonment for four years.
Reasons
Punishment of the crime
The defendant has been engaged in the overall management of the fund and the company as the representative director of C Co., Ltd. from April 20, 2006 to April 2013.
1. Around June 2012, the Defendant issued a contract by the Korea Expressway Corporation’s headquarters to determine the construction cost of 1,245,363,69 won, and the construction period from June 11, 2012 to December 27, 2012, the Defendant issued a contract by setting the construction cost of 1,245,363,69 won and the construction period from June 11, 2012 to December 27, 2012, and the said repair work was finally awarded by changing the construction cost of 1,562,205,360 won to the construction cost of 1,562,20 won.
From October 2011, the Defendant started with approximately KRW 35,00,000, and around June 11, 2012, at the time of commencement of the aforementioned repair work, the cumulative personnel exceeded KRW 182,459,345, while at the time of commencement of the said repair work, there was no other recoverable claim, and there was no particular property on the said company and the Defendant, thereby making it difficult for the Defendant to raise additional funds.
On June 25, 2012, the Defendant received advance payment of KRW 130,000,000 from the Korea Highway Corporation's headquarters for repair works, and used it as debt repayment and construction cost for other construction sites, and the same year.
9. On November 16, 199, 199, received two advance payments of KRW 100,000,000, and used KRW 29,787,903 for the repayment of debt and the payment of bid fees on behalf of the parties, and received progress payment of KRW 293,00,000 on November 16, 199, and used KRW 111,00,000 for personal debt repayment, etc., and received KRW 566,413,356 on January 9, 203, and received KRW 373,461,183 among them for personal use, such as personal use of KRW 566,413,356 for equipment for the said repair work, or for the subcontract, there was no intention or ability to pay the equipment rent or subcontract expenses in advance, progress payment, and completion money.
Nevertheless, the Defendant, around the end of November 2012, stated that “The construction cost shall be paid without the mold within one month from the start of the payment” to E operating the victim D, and that it was said that the victim had performed the road flooding construction work at the construction site for about seven days from the said date.