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.

Punishment of the crime

The defendant is a person who operates (ju) D in the Section C of the building B in the Gyeonggi-gu Seoul Metropolitan City.

The Defendant supplied a short heat for construction from the Victim E (F: F. and inside director: G) and supplied it to the construction site. On November 2016, 2016, the unpaid amount to the victim company was at least KRW 36 million, and the Defendant suspended the supply from the victim company. As the Defendant discontinued the supply by the victim company, he stated to the effect that “it is difficult to pay the outstanding amount, but there is a H where there is a supply contract.” On the other hand, the Defendant would be able to direct payment at the site and settlement of the outstanding amount at the site of the lender, and H would directly pay the outstanding amount of KRW 37 million to the victim company.

Around August 2017, the Defendant, as seen above, made a false statement to the effect that he would compel G, a director of the victim company, to supply the materials to the two construction sites in progress (the related company (State I, and StateJ) and then send a photograph of the aforementioned I and J’s written consent for direct non-management.

However, around April 2009, the Defendant operated a company with approximately KRW 1.3 billion which was received from the Customer to make it difficult to pay due to its default. On November 201, 2016, the Defendant had an outstanding amount of KRW 36 million to the Victim Company, and on the ground that there was a unpaid amount of KRW 100 million to the Customer K, the Defendant seized the Defendant Company’s property at the above K. The overdue national tax was approximately KRW 120 million, and the said I and J had no consent to the “direct payment” as the Defendant’s end. Accordingly, the Defendant did not have any intent or ability to pay the said amount even after receiving construction materials from the Victim Company.

Nevertheless, the Defendant, from August 17, 2017, received heat supply equivalent to KRW 10,741,500 from the victim company, and thereafter, from that time until October 17, 2017, is as shown in the list of crimes.