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Defendants shall be punished by imprisonment for four months.
However, from the day this judgment became final and conclusive, the Defendants are above one year each.
Reasons
Punishment of the crime
Defendant
B was sentenced on November 27, 2013 to imprisonment with prison labor for the crime of violation of road traffic law in the Gwangju District Court's net support on November 27, 2013, and the judgment on December 5, 2013 became final and conclusive on December 5, 2013.
Defendant
A is the representative director of E, and Defendant B is the general manager in charge of E management affairs of Co., Ltd., and Victim F was the operator of G, who leased construction materials to E.
The Defendants did not have the intent or ability to pay the amount equivalent to the above claims even if the injured party has terminated provisional seizure of KRW 197,094,709, such as the construction material rent, etc. of the obligor E and the third obligor E and the obligor 3 obligor Spoco Construction Co., Ltd.
Nevertheless, in around 2012, the Defendants thought that the injured party would terminate the provisional seizure for the purpose of receiving KRW 400 million for the construction cost of concrete works for steel framed equipment machinery for H business, and would pay the rent for the construction materials on the face of the week. Defendant B would pay KRW 200 million to the injured party by September 16, 2013 within the G office operated by the injured party in YYI on September 4, 2013.
“False speech was made to the effect that it was “.”
On September 4, 2013, the Defendants conspired to make the victim terminate the above provisional seizure and received the construction cost of KRW 407,219,907 from Masco Construction around September 10, 2013, but did not make any payment to the victim at all, thereby obtaining a benefit equivalent to the claim for provisional seizure.
Summary of Evidence
1. Defendants’ legal statement
1. Each police statement made to F, J, and K;
1. Attachment and assignment order, process deed, subcontract agreement of construction works, and contract modification agreement;
1. Judgment.