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

provided that this ruling has become final and conclusive.

[criminal power] On April 22, 2015, Defendant A was sentenced to a two-year suspended sentence of imprisonment for a crime of fraud at the Changwon District Court on the 30th of the same month, and the judgment became final and conclusive on September 22, 201, Defendant B was sentenced to a two-year suspended sentence of imprisonment for a crime of fraud at the Changwon District Court on September 22, 201, and the judgment became final and conclusive on the 30th of the same month.

【Criminal Facts】

1. Defendants A are the representative director of F Co., Ltd., and Defendant B is a person who owns 30% of the shares of F Co., Ltd.

The Defendants borrowed KRW 200 million from Defendant B’s land owner G to pay the balance of the bided real estate. The Defendants paid the balance by borrowing KRW 200 million.

The Defendants made a false statement to the Defendant, “The F Co., Ltd. was awarded a successful bid for each auction with the area of H 6252 square meters and the area of I woodland 142,647 square meters, and the transfer registration was not possible due to the shortage of the balance, and the principal will be repaid within four months if it was lent 200 million won.”

However, the above real estate price was approximately KRW 2.9 billion, and the F Co., Ltd. had a debt of KRW 3 billion and did not have sufficient means to borrow or receive loans from others, and as it was planned to receive and repay loans since 200 million won borrowed from the victim did not have sufficient means to do so, the Defendants did not have any intent or ability to repay the funds from the victim at any time.

The Defendants received 200 million won from the victim to the corporate bank account in Defendant B’s name on February 22, 2008.

As a result, the Defendants conspired to attract the victim to receive the goods.

2. On October 2008, Defendant A’s sole criminal defendant committed a single crime in a mutually in a cafeteria located in Kimhae-si, Kim Jong-si, and “the cost of construction falls short of the construction cost.”