A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

[criminal records] On June 18, 2015, the Defendant was sentenced to six months of imprisonment with prison labor and two years of suspended execution on June 26, 2015 by the Jeju District Court, and the judgment became final and conclusive on June 26, 2015.

[Criminal facts] The Defendant is a person who conducts a building business while operating a stock company C.

1. On March 14, 2014, the Defendant paid a total of KRW 40,295,547 to the victim under the condition that the Defendant would use the construction goods (e.g., oil pumps, pumps, etc.) to be used at a new H site located in Seopo G where the Defendant works for the victim on March 14, 2014, on condition that approximately two months would be used.

However, at the time, the Defendant was liable to pay approximately KRW 500 million, and the Defendant’s operation of the said C was insufficient to waive the contracted construction work. Therefore, the Defendant did not have any intent or ability to pay the said construction goods loans to the victim.

The Defendant received the said construction goods from the injured party in the vicinity of the above time and acquired the pecuniary benefits equivalent to the said loans from the said G construction site.

2. On March 22, 2014, the Defendant, at the above F Office, provided that, on the condition that the Defendant was awarded a contract to the victim, the Defendant would pay a total of KRW 23,943,141 to the victim a total amount of KRW 23,94,141 on the condition that the Defendant would use the construction goods to be used in the 2nd floor detached housing construction (e.g., wired

However, as stated in paragraph 1, the Defendant did not have the intent or ability to pay the above construction loan to the victim.

The Defendant was provided with the above construction goods at the construction site in the vicinity of the above time from the injured party, and acquired pecuniary benefits equivalent to the above loan.

3. On March 22, 2014, the Defendant, at the above F Office, uses construction goods (e.g., e., e., e., e., e., e., g., e., e., e., e., e., e., e., g., 75,94 on the part