Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

The Defendant, as the representative of C Co., Ltd. (hereinafter “C”), was in charge of the construction of the e building (hereinafter “instant building”) with the third underground floor and nine storys above ground location D in Y. The victim F is the owner of the said new construction project, and the Defendant and the victim entered into a contract for the said new construction project at KRW 2,750,000,000 for the completion date of the project on June 13, 2013.

According to the standard contract for private construction works (Evidence 1) and witness F’s testimony submitted by the Defendant, the Defendant and the victim concluded a new contract for construction works with the total construction cost of KRW 2,750,000 on May 20, 2014 and the total construction cost of KRW 2,750,000 on August 23, 2013.

When problems arise due to the use of steel bars rather than the design steel bars during the new construction process, etc., the defendant will thoroughly implement the reinforcement work on December 19, 2013, and in preparation for the case of the problem, the defendant issued a written waiver of the construction and a written waiver of the right of retention to the victim and resumed the construction with the consent of the victim on February 2014.

The defendant promised to complete the construction until May 2014 while commencing the suspended construction, and the victim concluded a lease contract with the lessee who will move into the building in trust.

Although the Defendant received approximately KRW 1,775,00,00 for progress payment from the victim, the Defendant did not place an order for cooling equipment, electricity, fire-fighting equipment, etc. due to the failure to pay the construction cost to some subcontractors, and became aware of the fact that he did not pay the construction cost to some subcontractors. Accordingly, the victim agreed that the subcontractor will pay the construction cost in lieu of the lessee if the Defendant is unable to pay the construction cost after the completion of the construction work to the lessee.

A defendant has additionally occurred.