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Defendant
A Imprisonment with prison labor of two years and six months, and Defendant B shall be punished by imprisonment with prison labor of one year.
Reasons
Punishment of the crime
[criminal records] Defendant B was sentenced to one year of imprisonment for fraud at the Seoul Northern District Court on July 5, 2012, and the judgment became final and conclusive on November 29, 2012.
[Criminal facts]
Ⅰ. Defendant A, who had worked as a full-time adviser of F Co., Ltd. on March 12, 2012, was a person working as a full-time adviser of F Co., Ltd. on March 12, 2012, at F Co., Ltd.’s office located in Chungcheong-gun G Co., Ltd., the victim H’s employees I awarded a subcontract for construction work to K Co., Ltd. on June 2012, and L again awarded a subcontract for construction work to F Co., Ltd., but L again awarded a subcontract for construction work to F Co., Ltd. to the victim company.
Therefore, in order to secure the faithful performance of the contract for soil and sand transportation by the victim company, the victim company shall pay the amount of KRW 150 million as the deposit by the victim company, and if the contract is faithfully performed, the amount of the deposit will be returned in full three times from the time of receipt of the first term.
The phrase “ makes a false statement.”
However, the above construction site was in an unclear situation due to the failure to obtain permission or commencement of construction works in 2012, and the Defendant A had already received custody money from the victim company for free consumption. Thus, even if the victim company received custody money from the victim company, there was no intention or ability to return it.
Defendant
A received KRW 150 million from the employee I of the victim company to the agricultural bank account in the name of the victim company in the name of the third party to be kept in the name of the F Co., Ltd. in the name of the agricultural bank account in the name of the victim company, and acquired it through the account transfer.
II. 2016 Highest 457
1. Defendant A around August 24, 201, at L office located in Gwangjin-gu Seoul Special Metropolitan City M and 202 around August 24, 201, Defendant A, and Defendant B, the victim B, who is an advisor within the city N Corporation.