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Defendants are not guilty.
Reasons
1. The summary of the facts charged is the person who was the representative director of the E Co., Ltd. (hereinafter “E”), a building company located in Busan Shipping Daegu C or D, and Defendant B is the person who actually operated the above company.
The Defendants entered into a contract with Defendant B and received the payment of the construction cost from the owner of the building, and jointly carried out the overall management of the company, such as determining the execution of the fund by Defendant A.
On December 2, 2015, the Defendants conspired and received the construction cost from the complainant under the pretext that they would allow F to undertake remodeling works for the building owned by the complainant, and had them used to repay the obligations of the said E company operated by the Defendants.
1. On December 1, 2015, Defendant B committed around December 1, 2015, following the above public offering, as if Defendant B could normally perform remodeling work at the above E office around December 1, 2015 to the complainant F, the return on return is good if the building is replaced by an officetel.
The construction cost of KRW 688,00,000 will be completed by March 5, 2016.
The mother and child funding made a false statement to the effect that it would allow a loan by talking about a H union with internal trade, and that it would not be able to receive the consent of the lessee opposing the construction instead of obtaining the consent of the lessee.
However, in fact, the above company operated by the defendants around December 2015, which prevented the return of the amount to be paid at another construction site because the financial situation makes it difficult to do so, and thus, there was no idea to pay the amount to be paid from the complainants at the above G building construction site, and the defendants' personal liability was also 200 million won, and there was no ability to perform the construction with the consent of the lessees of the building owned by the complainants, and even if the amount of the construction is paid by the complainants, the employees who used it for the purpose of paying the amount of the credit or who used it as confidential payment.