A A shall be punished by a fine of KRW 5 million, and Defendant B shall be punished by a fine of KRW 2 million.

The above fine is imposed against the Defendants.

Defendant

On November 12, 2010, A filed a criminal complaint related to KRW 300 million borrowed from the victim E and under investigation of the case, A created a right to collateral security with a maximum debt amount of KRW 360 million with the victim’s mother real estate E and the maximum debt amount of KRW 360 million on November 12, 2010. On November 19, 2010, A entered into a joint and several guarantee agreement with the victim to pay KRW 25 million out of the borrowed money and issued a promissory note with the victim’s face value of KRW 25 million with the maturity date.

The injured party withdrawn the appeal against the above criminal case against the Defendant A, but after the maturity date of the above promissory note, it was impossible to pay the borrowed amount. Around May 3, 201, on the grounds of the above promissory note, the provisional attachment was issued against the Defendant B’s claim amounting to KRW 25 million, and the creditor E, with respect to KRW 201, Yongsan-gu Seoul, Yongsan-gu, Seoul.

Accordingly, around November 201, the Defendants made a false statement to the effect that “The Defendants would receive money from the Defendant as collateral from the Defendant at the time of the provisional seizure against the above G lending No. 201, and repay the amount of KRW 25 million.”

However, the Defendants did not have the intent or ability to repay the borrowed money to the victims with the money borrowed as security even if the victims had released the provisional seizure against G lending.

The Defendants conspired to induce the victim as above, and the victim was released from the provisional attachment of G lending around November 17, 201, and the Defendants acquired property profits equivalent to KRW 25 million, which is the claim amount of provisional attachment because they did not repay the debt to the victim despite having been loaned the amount equivalent to KRW 180,000,000 as security.

Summary of Evidence

1. Each legal statement of witness E and H;

1. Part of the prosecutor's interrogation protocol against the Defendants

1. The protocol of statement to E by the police;