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Defendants are not guilty.
Reasons
1. On May 23, 2013, Defendant A was sentenced to a two-year suspended sentence of imprisonment for a crime of fraud at the Incheon District Court on October 23, 2013; Defendant C was sentenced to a three-year suspended sentence of imprisonment with prison labor for a crime of fraud at the same court on November 29, 2013; and each of the above judgments became final and conclusive on January 29, 2014.
Defendant
A around November 1, 200, the part of the E Apartment Construction Work on the north-gu and one parcel of land (hereinafter “instant construction work”) was contracted by the F Co., Ltd. (Representative Director G), the main building owner of the construction work, and performed the construction work upon delegation of all necessary matters for the progress of the construction work from G around April 2005. On August 26, 2005, G died and continued the construction work around May 2006. As the construction work had been subcontracted by itself, Defendant C was the actual representative of H, and from November 207 after discontinuance of the construction work, Defendant C entered into an apartment construction agreement with Defendant A from around April 2007, and Defendant C is the representative of the said apartment construction work, and Defendant B is the representative of the said corporation and Defendant C, the said representative of the said corporation, and Defendant C.
Defendant
A has been entrusted by G with the comprehensive rights to the instant construction, and as a subcontractor or creditor of the instant construction fails to pay the construction cost, etc., A shall provide each household unit of the E apartment transferred from G as collateral to the victims, shall exercise the right of retention as a representative upon delegation from them for the normalization of the construction site and the securing of claims, and at the same time, registered the ownership preservation in the future of the F Co., Ltd. for all E apartment units, including E apartment units offered as collateral around February 21, 2007, and registered the right to claim for the transfer of ownership.