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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Punishment of the crime

The Defendant, as a holder of 25% interest in the managing director of D Co., Ltd. (hereinafter “D”), is a person who jointly runs the said company with E and F.

D With regard to the new construction of the Daegu-gu Gtel, the victim H, who was awarded a subcontract for the AL Changho and the board construction work, demanded payment guarantee from the construction mutual aid association around October 2014. However, D was in a situation where it was impossible to receive payment guarantee from the victim in a normal way because the amount of time limit for payment guarantee set by the construction mutual aid association around the same day remains approximately KRW 300 million.

Accordingly, the Defendant pretended that D paid part of the subcontract price to the victim as the gold, and issued a payment guarantee of the subcontract price from the construction mutual aid association only with respect to the amount after deducting the said payment, and attempted to give the victim the payment guarantee and to let the victim do the said subcontract work.

1. On June 25, 2014, the Defendant: (a) drafted a subcontract agreement with the victim at D Offices located in Seocho-gu Seoul Metropolitan Government I around June 25, 2014; (b) had J, an employee of D Co., Ltd, affix the victim’s seal impression on the part of the subcontractor in the original form for confirmation of the receipt of subcontract consideration prepared in advance; and (c) the name of the victim’s seal impression in the subcontractor column.

Then, around October 10, 2014, the Defendant had J state the “429,00,000 won” in the column for the receipt status of the original site for which payment of subcontract consideration was confirmed as a verification-type pen at the above office around October 10, 2014, and stated “L” in the column for the receipt status of the original site for which payment of subcontract consideration was confirmed as above, “K in Daegu-si, Dong-gu, Dong-gu,” “(State) H in the upper column, and “L” in the representative column, “7,00,000 won” in the column for the payment of the original form for the certificate of work performance, “50,000,000 won” in the column for the receipt of the original form for the original form for the certificate of work performance, “K in Daegu-gu, Gu,” and “D in the sewage level public.”