Defendant

B and Defendant C shall be punished by imprisonment for a period of ten months.

However, this judgment is delivered to the above Defendants.

Punishment of the crime

Defendant

B is the representative director of F Co., Ltd. established for the purpose of mechanical facility construction business (hereinafter referred to as “F”), and Defendant C served as the regular director of the above company, and takes charge of mechanical facility work.

around June 2012, F subcontracted the part of H research institute construction among new construction works by G Co., Ltd. (hereinafter “G”), and concluded a final contract (hereinafter “instant contract”) with the victim I Co., Ltd. (hereinafter “victim Co., Ltd.”) for the production and installation of industrial master pumps, skich tanks, etc. during the said construction works and for multiple changes in design and quantity, etc. on January 16, 2013 through multiple occasions (hereinafter “victim Co., Ltd”).

The Defendants, on the grounds that F did not pay part of the price to the victim company even in the previous transaction with the victim company, concluded that the J, the actual operator of the victim company, did not deliver the goods to F, and the Defendants made false statements to the said J, stating that “If G, the original business entity, directly pay the price for the goods to the victim company, he would not be able to know whether he would be able to do so and deliver the goods to the victim company.”

However, in fact, although F received from G in advance approximately 30% of the total construction amount at the time of entering into a contract with G as advance payment, it did not submit the details of advance payment from G, and it did not have any intent and ability to pay the price of goods to the victim company normally because it did not receive the first advance payment on the agreed date between January 2, 2012 and January 2013.