A shall be punished by imprisonment with prison labor for two months and by imprisonment for four months.

However, from the date this judgment became final and conclusive, Defendant.

[criminal power] On March 17, 2010, Defendant A was sentenced to 8 months of imprisonment for fraud and 2 years of suspended execution at the Incheon District Court, and the judgment became final and conclusive on July 17, 2010.

【Criminal Facts】

The Defendants, together with D, borrowed money from the branch as security, and Defendant B provided ES7 vehicles as security in relation to this, and Defendant A, by attaching a location tracking device on the said vehicle, intended to collect money from the branch in the last way to recover the vehicle later.

Accordingly, D around 21:00 on July 1, 2009, at the street in front of Gmaart located in Suwon-si, Suwon-si, D calls from the victim H, who was aware of it, to use the phone to “one million won per se to leave the vehicle as security.” On the other hand, D made a statement to the effect that he will pay money within a week.

However, in fact, the Defendants, along with D, took the form of offering the said car to the victim as a security for the borrowed money, and there was only the plan to find it out, and there was no actual idea to offer it as security. However, even if they borrowed money from the victim due to no special property or income at the time, it was difficult for the Defendants to repay it within the promised period.

Nevertheless, the Defendants conspired with D to induce the victim as above and received 7 million won from the victim on the same day and 3 million won from D’s corporate bank account (Account Number: I) on the same day.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each prosecutor's interrogation protocol concerning D;

1. Each police statement made to H and J;

1. Automobile register;

1. Copy of the judgment;

1. Previous offense (Defendant A): Application of Acts and subordinate statutes to a criminal history record inquiry, investigation report (Evidence List No. 25), and case summary information inquiry;

1. Relevant Articles of the Criminal Act and Articles 347(1) and 30 of the Criminal Act, and the choice of imprisonment with prison labor, respectively.