A shall be punished by imprisonment with prison labor for ten months, and imprisonment with prison labor for six months.

However, this decision is delivered to the Defendants.

[criminal record] On July 23, 2009, Defendant A was sentenced to a suspended sentence of six months for criminal fraud at the Seoul Central District Court on June 23, 2009, and the judgment became final and conclusive on February 5, 2010.

[Criminal facts] The Defendants conspired to acquire the release on bail of the victim D as a highly friendly Gu.

around March 2009, Defendants need business funds to the victims at the coffee shop near the Seocho-gu Seoul Southern Terminal.

D&D equivalent to KRW 40,000,000, which is owned by the Party, and precious metal, shall be commercialized on the face of the Party, and shall be used as business funds, and the Party shall be paid KRW 4,600,000 each month as principal and interest.

However, the Defendants did not have any intention or ability to pay the amount promised to the victim even if they received bail equivalent to 40,000,000 won owned by the victim and delivery of precious metals from the victim.

On April 28, 2009, the Defendants: (a) by deceiving the victim as such; (b) obtained bail (i) equivalent to a total of KRW 40,000,000,000 from the injured party (i.e., lux, spora, spora, almond, etc.) and precious metal (i.e., rums, sporas, egs, earbs, etc.) from the injured party; and

Summary of Evidence

1. The defendants' statements in the first public trial protocol

1. Statement made by the police against D;

1. Evidence of storage, release on bail of the goods;

1. Previous convictions in judgment: Application of inquiry statements, such as criminal history, and investigation reports (reports on criminal suspect A's previous convictions and confirmations);

1. Relevant legal provisions and the Defendants’ choice of punishment concerning criminal facts: Articles 347(1) and 30 of the Criminal Act; and the choice of imprisonment

1. Defendant A who handles concurrent crimes: After Article 37 of the Criminal Act, Article 39 (1);

1. Defendants subject to suspended execution: Reasons for sentencing under Article 62(1) of the Criminal Act [the scope of recommended punishment according to sentencing guidelines] O Defendant A’s crime and fraud for which judgment became final and conclusive is one of the concurrent crimes after Article 37 of the Criminal Act, so the sentencing guidelines do not apply.

O Defendant B - General frauds are categorized as one type (less than KRW 100 million).