A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

The Defendant was awarded a contract for 's standard replacement construction' that was ordered by Youngcheon-si C High School as a person who operates the manufacturing business of facilities under the trade name of “B.”

On October 28, 2016, the Defendant would take measures to pay the construction cost directly to the victim E in Yongcheon-si, Youngcheon-si, “C high school standards replacement works are completed.”

As seen above, the victim entered into a contract with the victim for a stone stairs construction work.

However, the Defendant, at the time of entering into the instant construction contract with the victim, reached KRW 73,475 million, and was unable to pay the principal and interest of the said loan from July 28, 2016. Since it was difficult to operate B due to the fact that: (a) the Defendant was unable to pay KRW 6790,000,000 in arrears; and (b) the Defendant was unable to pay approximately KRW 25,240,000 in arrears; and (c) the Defendant’s employees failed to pay the wages and retirement allowances to the employees of the Defendant; and (d) there was no intention or ability to pay the construction payment to the victim.

Accordingly, the defendant deceiving the victim and let the victim construct the above stone stairs, and did not pay the construction cost of KRW 15,435,200, thereby acquiring property profits equivalent to the same amount.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police for E;

1. Contracts for the supply and installation of facilities;

1. A construction contract or a standard contract for construction works;

1. Application of Acts and subordinate statutes of the investigative report (Evidence No. 20, 21)

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 62-2 of the Criminal Code of the Social Service Order (the Defendant’s refusal of seizure and direct payment of the construction cost that was anticipated to delay the payment of the construction cost to the victim and did not have intention to commit fraud).