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Defendants shall be punished by imprisonment for eight months.
However, from the date of the final judgment of this case, the defendants are above two years from the date of the final judgment.
Reasons
Punishment of the crime
E is a person who operates an implementing company (main) H (hereinafter “H”) which has promoted a new apartment construction project in G’s Jeju-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, and Defendant B was a planning director of H, and Defendant A is a person who works in the mutual architect office of “I”.
1. Defendant A, at around April 25, 2013, at the I office located in Songpa-gu Seoul Metropolitan GovernmentJ on April 25, 2013, Defendant A, the representative director of “(State) KK,” a gas appliance supplier for boiler and main kitchen use, will promptly be entrusted with a complaint for the construction site of G main apartment in G, which is implemented at B, and that two construction collaborative companies and their surrounding design construction will be entrusted to K.
6.5 million won shall be preferentially lent from the victim who believed that he/she will be repaid within one month, to the M bank account in the name of the defendant on April 25, 2013, and 8.5 million won shall be remitted to the M bank account in the name of the defendant on April 25, 2013, such as receiving transfer of KRW 2 million around May 201 of the same year.
However, the Defendant did not have been proposed to request the field director from H around that time, and the Defendant was not in charge of a separate position in H, and was not capable of allowing others to receive construction works related to the new construction project. At that time, the Defendant did not have any intent or ability to pay the said money as business activity expenses or to pay it properly to the victim, by using the money received from the damaged person without any special property or income at the time for the repayment of personal debts.
As such, the defendant deceivings the victim and acquired 8.5 million won.
2. On July 2013, the Defendants’ joint crime E directed Defendant B to prepare funds when the Defendants received a demand notice to pay the unpaid amount of H around 2 billion won and the company’s operating funds were insufficient. Defendant B had a pro rata relationship.