Text
Defendant
A shall be punished by imprisonment with prison labor for six months and by imprisonment for six months.
However, from the date this judgment becomes final and conclusive, each one year.
Reasons
Punishment of the crime
Defendant
A is the representative director of C, Defendant B is the auditor of the same company, and Defendants are de facto marital relations.
The Defendants, with respect to the D-wing project that they received from D, concluded that two months after the commencement of the construction work and the completion of at least 50% of the construction cost will be paid in order from the completion of the construction work to the payment of the construction cost, and agreed that the Defendants would first proceed with the construction work, as if they were to pay the construction cost to the termination and subcontractor immediately before receiving the construction cost.
On December 15, 2014, at the coffee shop located in Seocho-gu Seoul Metropolitan Government, the Defendants made a false statement to the effect that “The Defendants will pay 50% of the construction cost within five days from the start of construction and complete the remainder of the construction cost by January 10, 2015” to the victims G.
However, the Defendants did not have the ability to pay the construction cost as agreed upon by the victim, because the Defendants could not achieve 50% of the fairness ratio of the remodeling construction work per D attached bill until January 10, 2015. Accordingly, the Defendants did not have the ability to pay the construction cost.
From December 29, 2014 to January 23, 2015, the Defendants had the victim obtain pecuniary benefits equivalent to the construction cost by having the roof construction work in the amount of KRW 34 million.
Summary of Evidence
1. The protocol concerning the interrogation of a part of the Defendants to the prosecution
1. Statement of the police statement related to G;
1. Investigation report (to hear statements from I or J telephone and report);
1. Application of Acts and subordinate statutes to construction contract, business registration certificate, certified copy of corporate registry, D design drawings, etc., contract for construction, and specifications of D facility construction work;
1. The Defendants: Articles 347(1) and 340 of the Criminal Act; Articles 347(1) and 30 of the Criminal Act; Articles 347(1) and 30 of the Criminal
1. Defendants: The reasons for sentencing under Article 62(1) of the Criminal Act are as follows.