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.

Criminal facts

The Defendant is a representative director of D and a person awarded a subcontract for E (hereinafter referred to as “instant construction”) from SK Construction Co., Ltd. (hereinafter referred to as “SK Construction”), and the victim F is the representative director of (ju)G.

Around April 2013, the Defendant made a false statement to the effect that “The Defendant would pay for the price for the license within 20 days from the 20th and 3th of the 2013 construction,” on the following grounds: “The Defendant would directly pay for the instant construction from the SK Construction to the company performing the instant construction work.” (b) the Defendant would take office as the joint representative director of the G, and supply for the instant construction from the State to the KG. At the SK Construction, the Defendant would pay for the price for the license within 20 days from the 20th and 3th of the 2013 construction.”

However, at the time of fact, (N)D operated by the Defendant was financially difficult by recording actual losses each year. A loss equivalent to approximately KRW 2 billion was incurred while entering into a subcontract from H around 2009 to 2012, and around April 2013, the Defendant had to pay the personal liability of KRW 420 million, the payment of construction cost of KRW 420,000,000,000,000,000, and the amount of compensation for oil, and the Defendant has to pay the obligation. Therefore, even if the Defendant received the instant construction from the Defendant and implemented the instant construction, the Defendant did not have any intent or ability to pay the Defendant for the amount of the contact within 20,000,000,000 won.

Nevertheless, after deceiving the victim as above, the Defendant received from the victim the delivery unit price of KRW 462,620,160 from September 2013 to October 201 of the same year.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Each legal statement of witness F and I;

1. Statement made by the witness J in the second protocol of trial;

1. Statement by the police (including text messages) to F;

1. Standard subcontract agreement of construction works, specifications and tax invoices;