beta
Text
A defendant shall be punished by imprisonment for a term of one year and two months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
C is a person working as the chairperson of the D Co., Ltd. (hereinafter “D”), and the Defendant and C conspired to acquire money by deceiving the victim E as if the Defendant and C did not have any authority to collect and transport soil and rocks related to the transfer of the U.S. military base, since the entity of D was a real estate consulting company, and there was no fact that they received from the Ministry of National Defense the project related to the transfer of Pyeongtaek military base.
Defendant
A after having become aware of the victim through the introduction by the branch, A introduced C to the victim on October 2, 2007, and C entered into a comprehensive service contract for the collection of earth and stone as the contract deposit, and the amount of approximately KRW 27 million for soil and sand aggregate to KRW 13,500,000,000, and KRW 1350,000,000,000 for soil and sand aggregate to KRW 2,70,000,000,000,000,000,000,000,000,000,000 won for soil and stone aggregate to KRW 60,000,000,000,000,000,000,000,000,000,000 won.
However, D and C did not have any authority to gather and transport soil and stones with respect to the relocation of Pyeongtaek Military Bases. D concluded a joint agreement on aggregate and construction-related investment and joint project with K to jointly use the said mining right with the representative of the J Co., Ltd. (hereinafter “J”) holding the mining right in the Asia-si G, H and I. However, as a premise therefor, D and C did not properly perform the said agreement on the ground that L did not invest more than KRW 447 million out of KRW 10 billion among the 10 billion investments that L agreed to invest. As a premise therefor, the said agreement was not fulfilled. As such, D’s mineral and aggregate and its surrounding areas were not authorized to extract minerals from the mining area with the said mining right.