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

However, 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

The Defendant is a person who has operated C (hereinafter referred to as “C”) with his/her place of business in Michuhol-gu Incheon Metropolitan City, a corporation (hereinafter referred to as “C”).

1. On June 27, 2017, the Defendant entered into a contract with the victim E, the representative of D Co., Ltd. (hereinafter “D”) around June 27, 2017, for the removal and extension of the Fulgic Factory in Ulsan-gun G located in Ulsan-gun G, Ulsan-gun. Of the foregoing construction, the Defendant provided that “The Defendant would receive the construction cost from F and pay the price at a 60-day maturity as of the end of the month after receiving the construction cost from F and receiving the payment at the rate of 220,000 won.”

However, in fact, the Defendant was liable to pay 300 million won or more, and was under the name of the corporation card and personal card, and was planned to use the contract price in preference to repayment of other obligations even if the Defendant received the full payment of the contract price from the F, and there was no intention or ability to pay the subcontract price to the victim.

Nevertheless, the Defendant concluded a subcontract by deceiving the victim on the ground of the aforementioned false statement, and caused the victim to complete the said construction work until July 4, 2017, thereby acquiring financial benefits equivalent to KRW 2.2 million.

2. On July 17, 2017, the Defendant, the representative of D around July 17, 2017, saying, “The Defendant was awarded a contract for removal and extension works within the Fulg factory located in Ulsan-gun G, Ulsan-gun, and received construction payment from the F at the end of the month and paid the price at a 60-day maturity as of the end of the month, upon receipt of the construction payment from the F at the end of the month, at the end of the month.”

However, in fact, the Defendant bears a debt of 300 million won or more, and carried out a "defensive" term with a corporate card and personal card, and was planned to use the contract price in preference to repayment of other obligations even if the Defendant received the full payment from F, and thus, subcontracted the contract price to the victim.