A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On May 13, 201, the Defendant: (a) was a person who was the de facto representative director of C (State); (b) subcontracted the F Mart’s structure, panel, and window construction work to H, who is the representative director of G (State) from September 30, 201 to October 30, 201; and (c) on September 29, 201, from September 201 to September 28, 201, the Defendant subcontracted the F Mart’s construction work to H, who is the said representative director of G (State) with the construction cost of KRW 627 million.

In this regard, the victim company will suspend the construction work until the end of November 201, even though the victim company continued the construction work with approximately 60% of the fair interest rate, but it failed to receive the payment of the construction cost equivalent to the above fair interest rate.

The work was attempted to resume by deception.

On December 2, 2011, the Defendant would pay the construction cost immediately after receiving the construction cost from the owner when he resumess the suspended construction work from the victim company office located in Busan Northern-gu, Busan, and from the owner of the building.

A false statement was made.

The fact is that the victim's company failed to pay 100 million won for retaining walls and civil works completed before commencing the construction of structures, etc., and the completion construction should be carried out later, such as ceiling, electricity, landscaping, etc., the construction cost already received from D, the building owner, and the victim company did not have any intention or ability to pay the construction cost even if the construction is resumed and completed by the victim company due to the lack of any other property or profit.

As such, the Defendant, by deceiving the victim company, caused the victim company to perform construction work from around that time to December 24, 2012, and did not pay 85.1 million won for the construction cost, thereby acquiring property benefits equivalent to the same amount.

Summary of Evidence

1. Each legal statement of the witness H, I, J, D, and K;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by each prosecutor to the prosecution against K, J and D;

1. Each police statement made to H and I;

1. A complaint, a standard subcontract agreement for construction works, and