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Defendant
A and C shall be punished by imprisonment for four months, and by imprisonment for six months, respectively.
Reasons
Punishment of the crime
1. Defendant B is a person who was sentenced to eight months of imprisonment for a crime in the Namnam Branch of the Gwangju District Court on December 21, 2006 and completed the sentence in the prison on April 23, 2007.
2. The criminal facts of Defendant C and Defendant A stated that “The fund is required to construct the 4th floor building in the Ggas filling station, and if the fund is raised, Defendant C and Defendant A shall enter into a lump sum subcontract for the construction work to be paid at the latest up to June 30, 2009.” Defendant C and Defendant A voluntarily set up a contract under which Defendant B will subcontract the construction work to Defendant C for the purpose of using the above stories of Defendant C and Defendant A when taking advantage of money from others, and Defendant A subcontracted the construction work to the Defendant C at the victim I’s office located in the Gwangju Mine-gu, Gwangju Metropolitan Government around 15:00 on June 17, 2009. Defendant A was awarded a contract to perform the construction work for the 4th floor and the gas filling work to be paid to the 4th floor of the Ggas filling station in the Jeonnam-gu, Yongnam-gun District, and the construction work to be paid at the latest by June 30, 2009.”
However, Defendant B was unable to start the construction due to the absence of authority in Ggas filling stations. Defendant C and A knew that the construction work referred to Defendant B was unclear, and even if the Defendants borrowed money from the victim due to the absence of any particular income or property at the time, they did not have the intent or ability to repay the borrowed money to the victim.
Nevertheless, the Defendants conspired with the victim and acquired 18 million won from the victim to the Agricultural Cooperative (K) account in the name of the Defendant A on the same day.
Summary of Evidence
1. Defendants’ respective legal statements
1. Statement of the police officer to I;
1. Previous convictions in judgment: The application of Acts and subordinate statutes concerning criminal records and personal confinement records;
1. Criminal facts;