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Defendant
A shall be punished by imprisonment with prison labor for six months and by imprisonment for four months.
However, this judgment is delivered against Defendant B.
Reasons
Punishment of the crime
Defendant
B is a person who worked as the director at the construction site, and Defendant C is a person who has been engaged in daily work at the bottom of Defendant B, and Defendant A is a person who has been engaged in construction business as a member of Defendant B.
Defendant
C On January 2012, 2012, Defendant B and Defendant C stated that “(a) the head of the (State) D having a close relationship with Defendant B, which may be ordered to be the unclaimed construction, etc. in connection with the so-called apartment construction project performed by the said company.” Defendant B and Defendant C stated that “The head of C is the head of the (State) D and may be ordered to be the unclaimed construction, etc. from Defendant A clearly.”
On January 31, 2012, Defendant A made a false statement that “I will return all principal until July 6, 2012, if I fail to receive the construction, the principal will be returned” at the H office operated by the victim G in F of the window F of Changwon-si, Changwon-si, which is operated by the victim G, “I will be entitled to receive 100% sure with respect to the construction of a residential system apartment.”
However, in fact, Defendant C did not have any intention or ability to return the expenses received from the victim because the said company did not have any specific property and import, and there was no intention or ability to return the expenses received from the victim, since Defendant C did not have any capacity to receive the said construction even if it was paid expenses, such as estimated expenses, by competitive bidding.
Nevertheless, on January 31, 2012, the Defendants had the victim transfer KRW 11 million to the account under the name of J under the name of J under the pretext of estimated maintenance around January 31, 2012. On February 6, 2012, the Defendants received from the victim the remittance of KRW 10 million to the account under the name of K, which is in the name of Defendant A, for expenses necessary for receiving orders from the victim.
Accordingly, the Defendants conspired in sequence.