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Defendants are not guilty.
Reasons
1. Defendant B is the representative director of (ju)C, who is a landscaped company, and Defendant A is the director of (ju)C as his father and wife.
The victim D is the representative director of the (ju) E E of the flooring chips, and the victim F is the representative director of (ju) G, a landscaping company.
Defendant
B Around March 22, 2017, the Defendant stated that “The victim F was awarded a contract for the J-style Construction Work ordered by the green area and the green area in Gyeyang-si, and that “The payment will be made immediately upon receipt of the price from the inside of the city where the construction would be done at KRW 19,602,00,000.”
However, the (State)C has been in excess of its obligation by bearing the debt of KRW 870 million at that time and has not been paid the construction cost to other companies, and thus there is a risk of being seized the claim for the construction cost of Ansan-si. Therefore, even if the victim completes the construction project, it did not have any intent or ability to pay the construction cost as agreed upon.
As such, the Defendant, by deceiving the victim, had the victim complete the J planting Corporation from April 12, 2017 to April 20, 2017, thereby acquiring pecuniary benefits equivalent to KRW 19,602,00.
B. Around June 2016, Defendant A entered into a construction contract with the victim D through the Director of the K Landscaping site L, which was in progress in C, with the payment of construction cost as the completion of the construction work on the package of the K children’s playground floor surface. Around October 5, 2016, Defendant A entered into a construction contract with the principal contractor(C), subcontractor(s) E, construction name K chip packing, construction name K chip packing, and construction period as KRW 73,645,00.
However, the (State)C has been in excess of its obligation by bearing an amount equivalent to KRW 870,000 at that time, and the Defendant also bears an individual obligation, and even if the victim completes the said work, the amount is agreed upon.