Defendant

A A shall be punished by a fine of eight million won and by imprisonment with prison labor of five months for each of the defendants B.

Defendant

A does not pay the above fine.

Punishment of the crime

On September 7, 2011, the Defendants offered to the victim D Co., Ltd. a promise to lend money to the victim D Co., Ltd. to repay other construction cost obligations by lending money from the victim Co., Ltd. as if they were to give a subcontract for the interior finish of the F building newly constructed in Nam-si E.

On September 9, 2011, the Defendants made a false statement to the effect that “I, as an employee of the victim company, lent KRW 50,000,000 to the victim company’s office located in Jung-si, the Defendants would pay advance payment of the subcontracted construction work, allow I to resume the suspended F building construction work, and pay I would like to repay the borrowed money until October 30, 201.”

However, in fact, the Defendants did not have the right to subcontract the F Building-related construction to the victim company, and did not have the ability to resume the F Building-related construction, which was interrupted due to the failure to raise the necessary funds of more than 3 billion won, and there was no intention or ability to complete payment even with lending money from the victim company.

The Defendants, by deceiving the victim company, acquired the money of KRW 30 million from the same day to the Defendant’s national bank account.

Summary of Evidence

1. Defendants’ legal statement

1. The Defendants’ partial statement and H’s statement among the interrogation protocol of each prosecutor’s office against the Defendants

1. The police statement of H;

1. The loan certificate;

1. A copy of bankbook;

1. Contract for construction works;

1. Submissions to certify the details;

1. Application of Acts and subordinate statutes to report on investigation (to hear I telephone statements for reference);

1. Defendants of relevant legal provisions concerning criminal facts: Articles 347(1) and 30 of the Criminal Act

1. Defendant A who is selected to impose a fine: Defendant B who is selected to impose a fine;

1. Defendant A at a workhouse: Articles 70 and 69(2) of the Criminal Act;

1. Defendant B of a suspended execution: The fact that the punishment of Article 62 (1) of the Criminal Act is imposed;

1. The crime of deceiving money under the pretext of subcontracting Defendant A, which is punished several times, and recidivism is similar to that during the period of repeated crime.