A shall be punished by imprisonment with prison labor for a year and four months, and by imprisonment with prison labor for a year.

provided that this ruling has become final and conclusive.

Defendant

A is the representative director of (State)C established for the purpose of the meat processing business, and Defendant B is the stockholder of (State)C.

The Defendants conspired with D on February 2015 to find out the fact that the victim G, who leased and operated a cafeteria with the trade name “F” in the 1 and 2nd floor of the Gangnam-gu Seoul E building (total floor area of 421.87 square meters), intended to dispose of the right to lease of the said store, the Defendants decided to acquire the right to lease of the said store by pretending that the purchase price for the said store is to be paid at the due date for the payment agreed upon with D, with the said D, and the Defendant A agreed to acquire the right to lease of the said store in the manner that the right to lease is first transferred and no consideration is given.

On February 12, 2015, at the coffee shop near the above cafeteria, Defendant B, the representative director of Defendant BC, will take over the right to lease the “F” store (a lease deposit KRW 200 million and restaurant facilities) to the “F” store for KRW 300 million upon delegation by Defendant A, the representative director of Defendant B.

The acquisition price shall be March 21, 2015, and the same year

5.21.21., the same year;

7. 21. Each payment of KRW 100 million shall be made, and as a security, 60% of the shares of (State)C held by the Defendants shall be provided.

First of all, it is false that a promissory note should be notarized on the acquisition price, and it was concluded a lease contract for the said store under the name of the victim and the (ju) C representative director A.

However, the Defendants received the lease deposit from the said store from the lessor or thought to borrow money from others as a security, and there was no intention or ability to pay the said promissory note issued in the name of the said company on the date of payment due to the financial reason of the said company. The Defendants did not intend to transfer the said note to the (State)C held by the Defendants.