beta
Text
Defendant
A Imprisonment with prison labor of one year and two months, each of the defendants B and C shall be punished by imprisonment with prison labor of six months.
except that this judgment.
Reasons
Punishment of the crime
Defendant A, Defendant B, Defendant B’s representative director of (ju), Defendant C’s representative director of (ju) H, and each of the above companies was established by Defendant A, but there was no actual project or fund.
1. On September 9, 2013, the Defendants acquired the deposit money for remodeling construction of I Condo from the F office located in the F office located in 103 dong 403, Yongsan-gu, Seoul, Yongsan-gu, Seoul, to purchase at 59.4% of the shares of the victim (ju) KK representative, “(ju)G purchased at 59.4% of the shares of the total M Condo. On October 20, 2013, the Defendants made a false statement that the said construction will be ordered to be awarded if it would start the remodeling construction of I Condo as the deposit money for construction.”
However, there is no fact that M&D's 59.4% of the shares and there is no funds to take over, and there is no intention or ability to give the above construction to the victim.
The Defendants conspired to induce the victim as such and then received from the victim the sum of KRW 50 million in total as KRW 20 million on September 11, 2013, and KRW 30 million on September 13, 2013.
2. Around December 8, 2013, the Defendants acquired N Condo remodelling construction deposit to the said victim’s office (“N Condo rental business operator has left the contract period,” and the said victim could undertake remodeling construction works on February 20, 2014 by drawing work. As such, the Defendants would give a contract for remodeling construction works on N Condo in the name of the construction deposit.”
However, the fact is that there is no fund to accept MM containers, and it is not sufficient to receive money from the victim due to the fact that the victim received KRW 16 million from theO as the security deposit for remodeling construction work for NM containers around May 1, 2013, and he received KRW 20 million from P as the security deposit for remodeling construction work on or around May 10, 2013, and he was urged to return the deposit from that person and received money from the victim as the refund of the security deposit.