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Defendants shall be punished by imprisonment for one year.
However, from the date of the conclusion of the judgment, each of the above two years against the Defendants.
Reasons
Punishment of the crime
The Defendants are persons who jointly operate a mutual test company called “C”.
On July 21, 2017, the Defendants concluded a contract for remodeling construction for the "Felel" in the second floor C office of the building in Yeongdeungpo-gu Seoul Metropolitan Government, Yeongdeungpo-gu, the victim E at KRW 450,000,000,000 in the cost of the construction of the project. The Defendants falsely stated, “The G hotel located in the Jeonju in our company has been engaged in the total remodeling construction for six months, and the degree of construction works not exceeding one billion won is equal to that of the victim without difficulty.”
However, in fact, the Defendants did not have a comprehensive construction license so that they did not have the capacity to complete the remodeling work of the above G hotel within the contract period, and did not complete the entire remodeling work of the above G hotel, and did not have the capital of KRW 1 billion. In light of the Defendants’ existing experience or construction capacity, the Defendants did not have any intent or ability to complete the remodeling work of the above Moel.
As such, the Defendant, by deceiving the victim, received KRW 22.5 million from the victim on July 21, 2017, and KRW 2.5 million on August 1, 2017, respectively, as the contract deposit, and KRW 45 million on August 28, 2017, KRW 45 million on August 29, 2017, KRW 5 million on August 29, 2017, and KRW 45 million on September 29, 2017, and KRW 5 million on October 4, 2017, respectively, as the intermediate payment.
As a result, the defendants in collusion received a total of KRW 225 million from the victim as the price of construction.
Summary of Evidence
1. Defendants’ respective legal statements
1. Part E of the protocol of interrogation of the police against the Defendants (2 times, 2 times, 200)
1. Statement to E by the police;
1. A written request for amendment to E protocol of statement, and a written request for amendment to an interrogation protocol of suspect;
1. Recording notes (No. 3 rights 29-45, 46-58, 68-74, 133-168, 169-186, 187-204, 205-225 of investigation records)
1. An appraisal statement, a contract, a final statement, a written confirmation of on-site inspection, a down payment and an intermediate payment statement, each process list, each evidence submission;