A defendant shall be punished by imprisonment for one year.

Punishment of the crime

[criminal record] On June 18, 2015, the Defendant was sentenced to a suspended sentence of two years for one year of imprisonment with labor due to a violation of the Labor Standards Act and a violation of the Labor Standards Act and the Guarantee of Workers' Retirement Benefits Act in the Vice-Support of the Incheon District Court, and the judgment became final and conclusive on June 26, 2015.

[2] On November 2013, the Defendant: (a) as the representative director of the Company B, the Defendant: (b) subcontracted the CCTV installation work amounting to KRW 1,342,00,000 to KRW 1,248,060; and (c) re-subcontracted part of the construction work to the Company E in a lump sum to KRW 180,000,000.

Meanwhile, according to the above subcontract agreement from December 2, 2013 to February 2, 2014, the victim performed construction work equivalent to KRW 270,000,000 of the total construction cost, and had the above corporation B claim for construction cost equivalent to the same amount.

On July 29, 2014, the Defendant transferred the amount equivalent to KRW 270,00,000 of the contract price of the said victim, which is part of KRW 500,000,000, to the said C Company, as the managing director, to the said H, through G, a management director, at the B office located in Seocheon-gu, Seocheon-gu, Seocheon-gu, Seoul.

As such, as the Defendant transferred the above claim to the victim, there was a duty to notify the obligor C, a debtor, of the transfer of claim with a certificate with the fixed date, so that the transferee may not meet the requirements for counter-performance against the victim.

Nevertheless, the Defendant, on January 14, 2015, violated the above duties by means of concluding that the victim did not notify the transfer of the claim with a document with the fixed date, and on January 14, 2015, the Defendant transferred the claim amounting to KRW 88,00,000 to I (State) who is a senior creditor at the above office B, and notified C of the transfer of the claim by mail, which is a content-certified document with the fixed date, to C, and around that time, the above notification has reached C Co., Ltd., and the above I (State) on January 2015.