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Defendant
A Imprisonment with prison labor for one year, and for two years, each of the defendants B.
However, this judgment is delivered against Defendant A.
Reasons
Punishment of the crime
[criminal power] On February 13, 2005, Defendant B was sentenced to imprisonment of 8 months with prison labor for fraud at the Seoul Eastern District Court on August 18, 2005 and the execution of each of the above punishment was terminated on December 7, 2005. On August 17, 2012, Defendant B was sentenced to imprisonment of 2 years and 6 months at the Seoul East East East East District Court for fraud, and the above judgment became final and conclusive on August 25, 2012. On January 30, 2013, the Seoul East East District Court sentenced imprisonment of 1 year and 6 months and 500,000 won to be punished for fraud, etc., and the above judgment became final and conclusive on April 25, 2013.
【Criminal Facts】
The Defendants agreed to re-subcontract the F Civil Works Right which was not yet subcontracted in Defendant E, Inc. for the operation of Defendant B, and to use the right by receiving deposit money from the victim G.
On September 19, 2008, the Defendants stated that, at the office of Defendant A located in the Gangnam-gu Seoul Metropolitan Government H building 801, Defendant A provided that, “The victim was awarded a subcontract for F Civil Works in E, which would be re-subcontracted to the party, and the deposited KRW 300 million in relation to the above construction may immediately commence the construction, and the above KRW 300 million will be returned by receiving advance payment for the construction cost from the brick Construction within one month.”
However, in fact, Defendant B was prepared to receive a subcontract from the Musan Construction, and did not receive a subcontract, and received 100 million won from the victim and planned to use the remaining 200 million won as the company operation expenses. The Defendants did not have the intent or ability to return the above construction to the victim or re-subcontract the said construction within one month even if they received the deposit from the victim.
Nevertheless, the Defendants conspired to induce the victim as above, and such deception is the same date as the Defendant A’s account from the victim.