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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 becomes final and conclusive.
Reasons
Punishment of the crime
C is the representative director of D Co., Ltd. (hereinafter “D”), and D entered into a subcontract for construction with H and 128,000,000 with respect to the said new construction work (hereinafter “G Corporation”), as the contractor of Jincheon-gun, J again entered into a subcontract for construction with the Defendant for construction work in the amount of KRW 109,00,000.
D) From November 28, 2009 to February 3, 2010, the Defendant paid to H the total amount of KRW 128,000,000 for the said construction work four times, and the Defendant received a subcontract from H to October 7, 2009, paid the construction work, and paid the cost of KRW 50,000,000 in addition to the original subcontract price, by erroneously determining the cost calculation for the construction work, the personnel cost, material cost, etc. of the parts directly used by the Defendant, and by erroneously determining the cost and the cost of materials, etc. of the parts directly used by the Defendant from October 7, 2009 to December 18 of the same year. Accordingly, H paid the said construction work amount received from D at the Defendant’s request from the Defendant’s direct payment of the Defendant’s office.
In addition, the Defendant received a subcontract for the International Elementary School molding Works from November 17, 2009 to November 20, 2009 with respect to the construction of the D Primary School Multi-Purpose Class (hereinafter “I Elementary School Construction”).
Although the Defendant, by his own account mistake, bears the expenses of personnel expenses and material costs incurred in the course of construction, and at least must be settled with H as a direct party to the subcontract, the Defendant decided that D would be bullying by removing additional construction costs incurred against the prime contractor D, and by taking various civil and criminal measures in order to prevent them.
Therefore, on July 7, 2010, the defendant filed a lawsuit against D as the Daejeon District Court No. 2010da32273, and the defendant filed a lawsuit against D for a loan.