[Defendant A] The defendant shall be punished by imprisonment with prison labor for a year and two months.

[Defendant B] The defendant shall be punished by imprisonment for three years.

Punishment of the crime

[2016 Highest 2805] - Defendant A is the representative director of Plaintiff D (hereinafter “D”) in Pyeongtaek-si C, and B is the person who acts as a business director of D.

피고인은 2015. 11. 25. 경 위 D 사무실에서 피해자 E에게 “ 내가 운영하는 주식회사 D에서 강릉시 F에 있는 G 리조트 건축 현장( 이하 ‘ 이 사건 현장’) 내 함 바 식당 운영권을 땄다.

The right of operation shall be entrusted to KRW 200 million.

“To conclude a license agreement for restaurant operation within the second week” at the above office on December 9, 2015, if all the contract deposit amount of KRW 200 million necessary for the payment, etc. of the above contract deposit is deposited, the above contract will be concluded and the operating right will be transferred.

The second proposal, “,” entered into an agreement on the commission of a restaurant on the site of this case on the same day, and B said that the victim would immediately enter into a restaurant agreement with H Co., Ltd. which was promoting the instant field construction project.

However, in fact, the Defendant and B did not have acquired the above H H corporation’s right to operate the restaurant or entered into an agreement related thereto, and the said construction project was not implemented. The Defendant planned to use the said money received from the victimized party for the purpose unrelated to the acquisition of the above operating right, such as the repayment of the company’s existing debt and operating funds, and thus, the Defendant did not have any intent or ability to grant the victim the right to entrust the restaurant even if receiving the said KRW 200 million from the injured party.

In collusion with B, the Defendant: (a) conspired with B to induce the victim; and (b) was transferred KRW 10 million on December 7, 2015; (c) KRW 40 million on December 9, 2015; (d) KRW 34 million on December 11, 2015; (c) KRW 16 million on December 14, 2015; (d) KRW 67 million on December 18, 2015; and (e) KRW 30 million on December 22, 2015; and (e) KRW 27 million on December 17, 2016, to a bank account in the name of D.