A defendant shall be punished by imprisonment for one year.

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 is a person who serves as an executive director of a limited company C and actually operates the company.

On September 23, 2015, the above limited company C entered into a contract for removal of the reconstruction site E-site with D Co., Ltd. and Gwangjubuk-gu E-gu.

On September 2015, the Defendant introduced Baman, who was a member of the business division of the Victim F Co., Ltd. (hereinafter “victim Co., Ltd.”) to the head of the site, and entered into a contract with G and construction waste collection, transportation, and disposal services.

At this time, the above G is ordered to remove the site of redevelopment for the construction of new E, and the construction is ordered to pay immediately after the completion of the construction by settling accounts of the prime emission volume after disposing of construction wastes from F.

The phrase “ makes a false statement.”

그러나 사실 피고인은 주식회사 D의 직원이 아니었고, 위 공사와 관련하여 원 청인 주식회사 D로부터 공사대금을 지급 받더라도 기존의 밀린 공사대금 등으로 모두 사용하여야 할 상황에 처하여 있었으므로 피해 회사에게 폐기물 처리를 맏기 더라도 그 용역대금을 제대로 지급할 의사나 능력이 없었다.

As such, the Defendant, by deceiving the above G, an employee of the “victimed Company”, had the victimized Company perform the construction waste disposal work from October 2015 to February 2016, but did not pay an amount equivalent to KRW 100,661,00 for the said construction waste disposal work at the same site. As such, the Defendant acquired pecuniary benefits equivalent to the said amount.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to H and I;

1. A H statement;

1. Application of the statute of claim

1. Relevant Article 347 of the Criminal Act, the choice of punishment for the crime, Article 347 (1) of the Criminal Act, and the choice of imprisonment;

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

1. The reason for sentencing under Article 62-2 of the Criminal Act, the observation of protection, and the reason for sentencing under Article 62-2 of the Social Service Order - The defendant's mistake is recognized.