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1. Defendant A
A. The above defendant shall be punished by imprisonment for two years.
(b)Provided, That the above sentence shall be imposed for a period of three years from the date this judgment becomes final and conclusive;
Reasons
Punishment of the crime
[criminal history] On May 26, 2016, Defendant C was sentenced to one year of imprisonment for fraud and three years of suspended execution at the Gwangju District Court, and the judgment became final and conclusive on June 3, 2016.
[2] Criminal facts: “2016 high-class 4023 high-level 4023 – Defendant A is the vice president of the Council for the Settlement of Disputes (Representative Director C) in Gwangju Mine-gu, and is between Defendant C and Defendant C.
Defendant
A and Defendant C were required to pay a deposit of KRW 300 million in connection with the Seoul apartment removal construction contract, with the intention to acquire money by deceiving the scrap metal generated from the M removal site in the Gwangju Northern-gu L as if it were sold to the victim N.
Defendant
A, around June 30, 2014, in collusion with Defendant C, concluded that “A would have completed 50 won per scrap metal 1kg, regardless of the scrap metal price,” to the victim at the above dispute settlement office, “I would have completed 50 won per scrap metal 1kg of scrap metal, in order to perform the removal work of scrap metal located in Gwangju Northern-gu from about one month to about one month after Korea.”
However, in fact, even if not only the possibility of being awarded a contract for MM but also receive money from the injured party under the name of the contract for the sale of scrap metals, it was thought that it will be used as a security deposit under the Seoul K Apartment Construction Contract, and there was no intention or ability to return it to the injured party without the intention to use it for MM construction.
Defendant
A and C, as such, deceiving the victim and deceiving him/her as such, the amount of KRW 50 million under the pretext of an agreement for the scrap metal on the same day from the victim, and the same year.
7.1. 50 million won was transferred to the Gwangju Bank account under the name of the J (State) and was transferred to the Gwangju Bank account in the name of the Defendant A for KRW 35 million on the 17th day of the same month, and KRW 5 million on the 25th day of the same month, respectively.
As a result, Defendant A, in collusion with Defendant C, deceiving the victim, and deceiving the victim by receiving a total of KRW 135 million from the damaged person as the contract amount for the settlement of scrap metal.
[2017 Highest 223 - Defendant A, B]
1. Defendant A. Defendant A.