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Defendants shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
Defendant
A is the representative director of corporation D, the purpose of which is the construction business, and Defendant B is the person who carried out the work at the site of the above company, and the Defendants conspired to lend money from the victim E as the guarantee fee for the removal work not ordered by the above company to use it as the personal debt repayment for the Defendants.
On August 2015, the Defendants displayed the scene of the F Village Removal project in the first week to the Defendant, and “The F Village Removal project was completed by the F Village Removal project in D Co., Ltd., and B entered into a labor contract to receive monthly pay of KRW 10 million as the site warden.
In order to carry out the removal construction, the surety insurance policy is required to secure the construction, and the guarantee fee is urgently required, and it is false to lend KRW 30 million.
However, the fact was that the F Village Removal Corporation Co., Ltd. received a contract or did not conclude a contract for construction work. Accordingly, Defendant B did not enter into a labor contract with the owner of the above site. Of the money borrowed from the victim, Defendant A Co., Ltd., and part of the money was used for the purpose of paying his personal debt, and Defendant B did not have the intent or ability to use it as the construction fee even if he borrowed money from the damaged party. At the time, the Defendants did not have any intent or ability to pay the victim's money because they did not have any intention or ability to pay the victim's money.
On August 13, 2015, the Defendants received KRW 30 million from the injured party to the bank account in the name of D Co., Ltd. on or around August 13, 2015. In collusion, the Defendants received property by deceiving the injured party.
Summary of Evidence
1. The defendant B's partial statement
1. Protocols of examination of witnesses E;
1. Some statements made to the defendant A in the protocol of interrogation of the suspect;
1. Defendant A