A defendant shall be punished by imprisonment for not less than eight months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On December 5, 2011, the Defendant borrowed the name of the victim C and Gwangju Mine Corporation E (Representative F) with respect to the Medical Care Sources Extension Corporation located in Gwangju Mine-gu, and entered into a contract for construction with the cost of construction of KRW 220 million from December 5, 2011 to March 31, 2012, and completed the construction and received approximately KRW 220 million from the victim.

On the other hand, on December 7, 2011, in order to obtain a loan from a bank for the said extension construction project with the victim, the Defendant separately prepared a contract for a construction project with a contract amount of KRW 330 million higher than the said contract amount and received a loan from the bank.

Therefore, since the contract agreement of KRW 30 million is invalid because it constitutes a false representation in collusion with the defendant and the victim, it cannot be viewed as a legitimate contract for the above construction work.

Nevertheless, the Defendant demanded additional costs to the victim because the construction amount has increased to approximately KRW 150 million at the settlement stage after the completion of the construction work, but the victim would not be given additional construction amount. As above, the Defendant was willing to apply for payment order to the court on the ground of the above contract of construction contract, which was prepared with the victim to obtain a loan from the bank, which was invalid in order to obtain a loan from the bank.

On July 17, 2012, the Defendant tried to acquire at least KRW 153,720,000 (330,000,000 won - KRW 222,00,000 which was already paid) by deceiving a court that may know of the fact by filing an application for payment order based on the above contract for contract of 333,720,000,000 won with the Gwangju District Court located in Gwangju Dong-dong, Gwangju, seeking to request “the remainder of KRW 153,720,000,000,000,000,000 which was already paid,” but the victim did not have attempted to actively file a lawsuit by submitting a written application for payment order on August 16, 2012.