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Defendant
B and C shall be punished by imprisonment for one year, and by a fine of 10,000,00 won, respectively.
Defendant
A The above fine shall be imposed.
Reasons
Punishment of the crime
[2012 Highest 712] Defendant A, as the head of the I Construction Headquarters of the said Company, intended to give the victim J with B and C, the representative director of the said Company, as well as to give the victim J a contract for the removal of the L hotel building, which is an unsatisfed building in K at the proposal, to acquire the security deposit for construction contract.
On March 18, 2011, the above Defendant: (a) was scheduled to receive investment from the victim in the L hotel office located in M in Jeju on March 18, 201, and (b) was scheduled to undertake construction for the extension and remodeling of the NN in I Co., Ltd. and the corporation, and (c) entered into a contract agreement with the victim that the victim would pay the contract deposit in advance within 14 days from the date of deposit of the contract bond, and that the construction commencement would be made around April 15,
However, there was no investment in the above contents and there was no intention or ability to contract the removal of the building even if the victim received the security deposit for the construction contract from the Korea Development Bank, which is the mortgagee of the above L hotel building, without paying five billion won to the Korea Development Bank.
The Defendant, in collusion with B and C, by deceiving the victim as above, received a total of KRW 30 million from the victim to the one bank account (O) in the name of N Co., Ltd. as contract deposit at that time, and acquired it by fraud.
[2013 Highest 672] Defendant B is the representative director of I corporation P in Jeju city established for the purpose of operating hotel and resort, Defendant C is the management director of the above company, Defendant A is the former director of the construction of the above company.
After the establishment of I, the Defendants continued to have no income source and there was a shortage of corporate operating funds, and they were willing to start the L hotel and resort construction immediately against the construction company, and to use part of the construction as the contract deposit received from the victims, who are the contractors, for the purpose of the company operation fund.
1. Defendant B and Defendant B.