Defendant

A shall be punished by a fine of KRW 10 million, by imprisonment with prison labor of KRW 10 million and by imprisonment with prison labor of September.

Defendant

A The above fine shall be imposed.

Punishment of the crime

Defendant

A is a person who has been performing the construction work of the integrated office E in the construction work of the old-Yacheon Highway as a priority business operator.

The Defendants, on the basis that Defendant A is implementing the “New Construction of the Integrated Office”, offered to the victim F with the intent or ability to subcontract the construction work of the said public highway and the relocation work of the military ammunition, thereby making a public offering to receive money under the pretext of the said expenses by deceiving Defendant A to subcontract the said public highway even though he did not have the intent or ability to subcontract the said construction work.

On September 23, 2011, the Defendants stated that “A Co., Ltd. is at the site of the construction of the privately financed highway between the Gui-Yancheon-Yancheon selected as a preferential business owner, and if the KRW 200 million is the site of the construction of the privately financed highway between the Gui-Yancheon-Yancheon, among which the Defendants would give subcontract to the victims by December 31, 201.” Defendant A prepared an agreement on the contract of construction with the said victims, and Defendant B signed the said agreement as a guarantor.

However, at the time of fact, the above construction project was not commenced due to the situation where the project approval for the above construction project was not granted, and the subcontractor was not designated. Therefore, even if the Defendants received money from the victim under the above name, they did not have the intent or ability to subcontract the above construction project to the victim.

Nevertheless, the Defendants conspired to deception the victim as above and acquired 100 million won from the victim, i.e., the defendant A's denial of the contract amount from the victim, to the agricultural bank passbook in the name of the defendant I.

Summary of Evidence

1. Defendant A’s legal statement

1. The defendant B's partial statement

1. Legal statement of witness F;

1. The police statement concerning F;

1. A contract agreement for construction works;

1. A certificate of trading by member account;

1. Application of statutes on a copy of the details of transactions;

1. Article 347 of the Criminal Act applicable to the facts constituting a crime (the defendants)