Defendant

A shall be punished by imprisonment with prison labor for six months and by imprisonment with prison labor for one year.

However, for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

The Defendants were de facto marital persons from around winter in 2014, and Defendant B established a corporation that is a stock company in the name of Defendant C, which operated the said corporation, and conspired to commit the construction work by requesting the construction work of the above building C, which is located in Young-gu D, with the knowledge of the lack of financial resources to pay the construction cost.

On October 10, 2016, the Defendants conspired with the above C Office, and made a false statement to the victim E that “If the Defendants complete interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior installation, such as transporting food of 1, 2, and 3 floors connected to buildings, and cooling and heating equipment installation, the Defendants will pay the construction cost. The Defendants held the house in the name of the Seoul Songpa-gu F building and the Defendant’s name, and there is KRW 200 million for building deposit.”

However, in fact, the above lending of Defendant A had already been set up by the financial institution. The lease deposit of the above C building was KRW 100 million, not KRW 200 million, and it was actually paid KRW 40 million among them, and the remainder of the lease deposit was set off against the wind for which the payment of the rental deposit is not possible, and even if the victim did not have any particular asset in the name of the Defendants, it was lacking the intent or ability to pay the full amount of the construction cost up to KRW 40 million in normal terms even if the victim had the victim do the interior construction work due to the lack of property in the name of the Defendants.

Nevertheless, even though the Defendants conspired to induce the victim and caused the victim to complete the interior works on or around December 27, 2016, the Defendants did not pay an amount equivalent to KRW 298,420,000 out of the construction cost of KRW 399,420,000, thereby acquiring property benefits equivalent to the said amount.

Summary of Evidence

1. Each legal statement of witness E, H, I, and J;

1. Statement to E by the police;

1. The application of laws and regulations of certificate of registration, contract, statement of performance, statement of payment of construction cost, and statement of performance assurance.