Defendant

A Imprisonment with prison labor for ten months and for one year and six months, respectively.

However, from the final date of this judgment.

Punishment of the crime

[2014 Highest 490]

1. The Defendants established, from March 22, 2012, F Co., Ltd. in Boan City, E, and Defendant A is responsible for directors, and Defendant B is responsible for the audit and inspection, and Defendant B also operated the construction business.

around January 30, 2013, the Defendants concluded a contract with H sexually disabled victims I and H Essung Education Center, and that “Advanced KRW 130,000,000,000,000 is first changed when entering into a contract with F to complete the new construction of a charnel.”

However, at the time of fact, since the amount of debt such as the loan that the F shall be repaid was more than 150,000,000 won, the Defendants thought to be used to repay the debt even if they receive advance payment from the victim, and there was no ability to perform new construction of H Sung Education Center, and new construction of a charnel.

As a result, the Defendants conspired to induce the victims, and then acquired the total amount of KRW 50,000,000 from the corporate bank account in the name of F Co., Ltd. for the same day from the victims to the corporate bank account in the name of F Co., Ltd. for the same day, KRW 40,000,000, and KRW 40,000 from the agricultural bank account in the name of J to the agricultural bank account in the name of H. 130,000,000.

[2014 Highest 521]

2. On April 2013, Defendant A made a false statement to the victim N, “M” located in the Ha Nam-gun L, Chungcheongnam-gun, the lower court concluded that Defendant A would complete the construction of a single house up to December 31, 2013, with the amount of KRW 109,200,000 for the construction cost.”

However, at the time of fact, Defendant A had a personal obligation of approximately KRW 20,000,00, and at the time, Defendant A had a liability of KRW 150,000 at the time, Defendant F Company F, which was operated by Defendant A, was obligated to pay KRW 150,000 at the time. On January 30, 2013, Defendant A entered into a construction contract around January 30, 2013 and failed to perform the construction of Hsung education center, newly built a charnel house, and newly built a charnel house, etc., and Defendant A was not capable of directly performing the said construction work. Moreover, Defendant F, which was operated by Defendant A, was a lump sum subcontracting of KRW 97,00,000 at the cost of construction to the O.