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Defendant
B A person shall be punished by imprisonment for a year and six months.
Defendant
A is not guilty. The summary of the judgment against Defendant A is publicly notified.
Reasons
Punishment of the crime
[2014 Highest 964]
1. C did not own the D Il-dong Factory Site 22,000 square meters (hereinafter “instant factory site”) in Seocho-gu, Western-gu, Western-gu, Incheon-si, and there was no construction right for the above factory site and no construction right for the above factory site was available due to the lack of the construction right for the above ground apartment site.
Nevertheless, on February 3, 2012, Defendant B had the authority to dispose of scrap metal with subcontracting of KRW 2.662 million from C, and entered into a contract with the victim E representative director of the victim E company to sell scrap metal generated from the said construction site at KRW 650 million between the victim and the victim, and acquired KRW 100 million as the down payment for scrap metal purchase from the victim on February 6, 2012.
[2014 Highest 1269]
2. Around May 11, 2012, Defendant B stated that “When transferring KRW 100 million in advance of scrap metal, it would supply steel bars, etc. arising from the said removal site” to I delegated the right to enter into a contract with the victim G (name after the name is opened: H) at the waste factory removal site (the site of this case) located in Seoan-gu, Seoan-gu, Seocheon-gu.
However, in fact, Defendant B entered into a contract for construction works with C without any authority as to the above construction site, and did not have the authority to dispose of steel bars, etc. generated from the removal works for the above construction site, and did not complete administrative procedures such as filing a report of destruction to the competent authority for the removal works. Although Defendant B entered into a contract for the sale of scrap metal with E on February 6, 2012 and received delivery of KRW 100 million, Defendant B did not have the intent or ability to supply steel bars, etc. to the victim even after delivery of KRW 100 million from the victim.
Defendant
B receives each transfer from the victim to the new bank account in the name of the Defendant B, KRW 20 million on May 11, 2012, KRW 30 million on May 15, 2012, KRW 20 million on May 21, 2012, KRW 20 million on May 21, 2012, and KRW 30 million on May 24, 2012.