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Defendants shall be punished by imprisonment for eight months.
An application for compensation by an applicant for compensation shall be dismissed.
Reasons
Punishment of the crime
The Defendants conspired with the friendship-gu, and Defendant B introduced Defendant A to the victim in a mutually infinite restaurant located in the area of Daejeon or lower Daejeon around December 2010, and concluded that “The finite-gu in Seoul may help to supply the distribution board to D in a high-ranking part” and Defendant A also took a double device that “I may allow the supply of the distribution board because the finite-type type of each ticket is high-ranking part D. so that the distribution board may be delivered to D.”
Since then, around June 201, Defendant A demanded that the victim deliver the distribution plate to D through E Co., Ltd., and that “the cost of the street activity fund is required to be supplied, which shall not exceed KRW 30 million,” and that Defendant B made a false statement that Defendant B “I will send KRW 15 million after obtaining a loan in the name of B, if you know it.”
However, in fact, even if the Defendants received KRW 15 million from the victim for the purpose of the supply contract of the power distribution market, they did not have the intent or ability to cause the victim to deliver the power distribution market to D, and rather, Defendant A received KRW 15 million from the victim for the purpose of the payment of personal debt from Defendant B after remitting it to Defendant B.
Nevertheless, on July 26, 201, the Defendants conspiredd to deceiving the victim as above, and acquired the amount of KRW 10 million from the F bank account in the name of the Defendant A to the F bank account in the name of the Defendant on July 26, 201, and received KRW 5 million from the F Bank account in the above F Bank account on August 9, 201, respectively, on two occasions, such as receiving each transfer of KRW 15 million from the F Bank account in the name of D for concluding the power distribution supply contract with D.
Summary of Evidence
[Defendant A]
1. Statement of C by a witness in the second protocol of trial;
1. Part of the witness B's statement in the third protocol of trial;