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Defendant
The imprisonment with prison labor for A shall be one year, and the imprisonment for Defendant B shall be ten months, respectively.
Reasons
Punishment of the crime
Part of the facts charged is corrected to the extent that it does not infringe the defendants' right of defense.
[criminal power] On February 7, 2012, Defendant A was sentenced to two years of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) at the Seoul Central District Court on July 12, 2013, and the execution of the sentence was terminated on July 12, 2013. Defendant B was sentenced to six months of imprisonment for a crime of fraud at the Seoul East East District Court on August 7, 2014, and completed the execution of the sentence on February 3, 2015.
【Criminal Facts】
The Defendants of the Gangnam-gu Seoul Metropolitan Government C Urban Living Housing and Native Living Facilities Development Project are gathered to obtain loans from D, etc. and to obtain the loan of money by iceizing the loan of money.
Accordingly, Defendant A at the third floor F office of the Gangnam-gu Seoul E-building on April 2016, 201, concluded that “A will pay KRW 140 million until May 12, 2016, if the contract is extended to KRW 70 million.” Defendant B also issued the victim a written consulting service agreement stating “A will be trusted.” On May 2016, 2016, Defendant B issued the victim a written consulting service agreement to “(State) agent A and B, the executor of the reconstruction project.”
However, in fact, the Defendants did not have any relationship with the State-H, which is the implementer of the reconstruction project, and did not have any intention or ability to pay KRW 140 million to the victims with the loan of the project cost until May 12, 2016, because the Defendants did not have any intention or ability to pay KRW 140 million to the victims.
Nevertheless, around April 29, 2016, the Defendants were transferred from the victim the sum of KRW 20 million to the corporate bank account (number I) in the name of the Defendant A and KRW 50 million to the same account around May 3, 2016.
As a result, the Defendants conspired to attract the victim to receive the goods.