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Defendants are not guilty.
Reasons
Defendant A is the head of the E Co., Ltd. (hereinafter “E”), Defendant B is the vice head of E, and Defendant B is a person who manages the construction site at the G site located in the ASEAN located in the Simsan City where he was in progress in E on January 2009. The victim H is a person who was aware of Defendant A and had been performing the subcontracted construction work by receiving a subcontract for some civil construction works from the above G construction site.
1. Defendant A
A. On April 2009, the Defendant, at the construction site of the G, concluded that “A new company (I) was in the second order as a result of the G construction tender,” and concluded that “A new company (I) was in the second order. I want to talk to the head office so that a new company may work for the new company.”
However, in fact, the defendant is merely a director other than the representative director or the officer officer of E, and there was no ability to exercise influence over E to grant the victim with G construction rights, and there was no intention to do so.
As above, the Defendant, by deceiving the victim and received five million won in cash from the victim at the above construction site around April 27, 2009.
B. The start date of construction of a golf course is around March 2010, but it was already in progress to purchase the site for a golf course from that date. On July 2009, the Defendant concluded a false statement to the victim H at the above G construction site that “A specialized construction association is preparing for the construction of a golf course, and the president of the specialized construction association is the E. In the end, the construction will be carried out in E, and it will help the new company (I) take part in the civil construction work.”
However, in fact, the defendant is merely a director other than the representative director or the officer officer of E, and there was no ability to exercise influence over E to grant the victim the right to civil engineering works related to the golf course, and there was no intention to do so.
As above, the defendant deceivings the victim, and around July 7, 2009, the above G.