Defendants shall be punished by imprisonment for six months.

However, the Defendants are above two years from the date of the final judgment.

Punishment of the crime

[criminal record] Defendant B was sentenced to four months of imprisonment as a crime of fraud and one year of a suspended sentence on November 19, 2010 in support of Sungnam branch of Suwon branch of Suwon branch of August 12, 2010 and the above judgment became final and conclusive on November 19, 2010.

[Criminal facts] Defendant B is the executive director of the Construction Company (State) D located in the Nowon-gu Seoul Special Metropolitan City. Defendant A is the chairman who actually operates the said Company.

The Defendants were requested by the owner E to newly build a hospital F and G hospital for senior citizens in Gangwon-gu, Youngwon-gun, G hospital, but did not receive 9.577 million won of the work cost already proceeded, and the Defendants were in the situation where the commencement of auction was decided and the right of retention related to the accrued construction cost was established.

The Defendants, without notifying the aforementioned circumstances, did not intend to normally proceed with the construction of the above elderly convalescent hospital due to the foregoing circumstances, intended to defraud money by deceiving the subcontractor and receiving money in the name of the construction deposit, etc., as if they subcontracted part of the construction work.

Defendant

B Around October 2009, at the site of the construction of the above new construction, the victim H will subcontract the interior work related to the construction of the G hospital for the elderly at the G hospital.

In order to implement the construction work, it made a false statement to pay KRW 50 million as the security deposit for the construction work.

Defendant

A, even though Defendant B and D, the representative director in the name of Defendant B and D, did not report the case of the contract with the victim. The Defendants did not have the intent or ability to subcontract the construction work related to the construction work of the hospital for the elderly at issue to the victim, even if they received the money from the victim under the name of the construction work from the victim in the above circumstances.

As above, the Defendants: (a) deceiving the victim; (b) accused B around November 20, 2009 from the victim; (c) KRW 3 million in cash from the J around November 23, 2009; and (d) in the name of a grandparent around the 27th of the same month.