The defendant is innocent. The summary of this judgment shall be notified publicly.

The summary of the facts charged is the defendant who operates D Co., Ltd., and E is the victim F Co., Ltd. who conducts a creative construction business.

On April 27, 2010, the Defendant would pay E the price from the office D Co., Ltd. located in Gyeyang-gu Incheon building 906 of the G building of Gyeyang-gu, Incheon, without a framework, for the subcontracted construction of fire-prevention glass among the new construction of the building of Incheon H building.

“A false statement” was made.

However, in fact, D Co., Ltd. run by the Defendant was in arrears with a tax amount equivalent to KRW 100 million at the time, and the other subcontractor was unable to pay a certain amount of money equivalent to KRW 100 million, and the financial shortage has deteriorated, such as receiving the payment of money from the original contractor of the said subcontractor and using the payment of other construction obligations. Therefore, the Defendant did not have any intent or ability to pay the payment to the victim.

Defendant deceiving the victim as above, and had the victim do construction work for the installation of the fire-prevention glass from June 2010 to August 2010, the victim acquired economic benefits equivalent to the above amount because he did not pay the construction cost corresponding to KRW 120,000 to the victim, even though he had the victim do so.

Judgment

In regard to this, the defendant and his defense counsel did not pay the tax amount equivalent to KRW 100 million at the time, but they had consulted with the National Tax Service on installment payments, and received the second installment payment from the treatment engineering, which is the original contractor, and thus, they could sufficiently repay the construction payment for the victim. However, the defendant and his defense counsel did not pay the construction payment at the wind of seizing the second installment payments that could not be anticipated at the North Incheon Tax Office, and there was no intention to obtain the property profit equivalent to the construction payment from the victim.

The argument is asserted.

Therefore, it is against the health department, the defendant, at the time of giving contract to the victim, that the delinquent tax amount was at least KRW 100 million, and that there was a rooftop metal corporation.