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Defendant
A shall be punished by imprisonment with prison labor for eight months and by imprisonment for four months.
Reasons
Punishment of the crime
To the extent that it does not interfere with the defendants' right of defense, part of the facts charged was legally adopted and investigated by this court.
1. The Defendants’ joint crime committed by the Defendants: Defendant A had been engaged in the construction business in the past, and Defendant B conspireded to receive money by deceiving the victim H as he was delegated with the authority to select a corporation with respect to the promotion of the redevelopment project by taking advantage of G as the prop representative with respect to the redevelopment of the F building in Gangnam-gu Seoul Metropolitan Government D and E, by taking advantage of his personal and friendship with G.
On November 4, 2013, the Defendants conspired to the effect that “The Defendant, while showing the design drawings of the F building in Jongno-gu Seoul, Jongno-gu Seoul, 274, Defendant A, the victim, “ soon is scheduled to perform the removal works of this building and civil engineering works, and thus, would have changed to KRW 20 million as the cost of construction works,” and Defendant B requested the victim to reimburse the expenses incurred in the implementation of the construction works by doing so as the victim would be the chairman of the redevelopment project.”
However, the Defendants did not have any intention or ability to subcontract to the victim even if they received money under the above pretext from the injured party because they did not have been entrusted with the authority to select the company in relation to the promotion of the above redevelopment project.
The Defendants, as seen above, deceiving the victim, received KRW 4.5 million from the victim, to the national bank account (K) in the name of the Defendant on November 23, 2013, KRW 4.5 million from November 28, 2013, KRW 500,000 from the above account on November 30, 2013, KRW 2.5 million from the above account on November 30, 2013, KRW 2.5 million from the national bank account in the name of the Defendant B, and KRW 3 million from the above account on December 3, 2013, and acquired the money by obtaining KRW 10,90,000 from the above account in total as expenses for the progress of construction work, including KRW 3 million from the above account.
2. The sole crime of Defendant A: