Text
Defendant
A Imprisonment with prison labor of one year and six months, and Defendant B shall be punished by imprisonment with prison labor of one year.
However, as to Defendant B, this shall not apply.
Reasons
Punishment of the crime
1. The Defendants conspired to acquire money by purchasing land from victims G with a long-term life in Pakistan and unaware of the Korean situation, and by deceiving them to the effect that they will leave the proceeds after borrowing construction work.
On October 21, 201, the Defendants, at Defendant B’s office in the Nam-gu Incheon Metropolitan City, set up a “standard subcontract agreement for construction work” with the purport that “The Defendant will pay the Defendant the proceeds by changing the form and quality of the land of Han-si I and J 2 from Han-si into the site and changing the form and quality of the land. The Defendant may easily receive loans and can easily make changes in form and quality. To develop, it is necessary to transfer KRW 200 million as the cost of civil construction, construction design service, authorization and permission, etc. need to be incurred.”
However, even if the Defendants received money from the victims, they did not intend or have ability to proceed with changes in the form and quality or development activities, etc., only when they thought that they will have divided into money, such as the expenses for remodeling multi-household housing in Tae-dong, where Defendant A is in progress.
Nevertheless, the Defendants conspired to induce the victim as above and received KRW 100 million on the same day from the victim. On October 24 of the same year, the Defendants received KRW 100 million from one bank in the name of L to one bank and acquired KRW 200 million in total.
2. From the end of October 201, Defendant A told the victim G to the effect that “If the cost of materials for remodeling multi-household housing under construction in the vicinity of the IJ falls short of 80 million won, the construction will be completed by the end of January 2012, following the completion of the construction.”
However, the above defendant, as a bad credit holder, was unable to pay the cost to the construction business operator because the fund for remodeling multi-household housing is not raised.