Defendants shall be punished by imprisonment for four months.

However, from the date of the conclusion of the judgment, each of the defendants is against the defendants for one year from the date of the judgment.

Punishment of the crime

Defendant

On December 9, 2015, A was sentenced to a suspended sentence of two years on December 17, 2015 at the Chuncheon District Court for criminal fraud, etc., and the judgment became final and conclusive on December 17, 2015.

On July 2013, the Defendants received a subcontract for the transportation of soil and sand from the F that entered into a contract for the transportation of soil and sand from the D Apartment Corporation to the victim E at the site of the new construction of D apartment in Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-do. Defendant A re-subcontracted the said construction from the G Co., Ltd in the name of Dong Construction.

In this regard, 30% of the total profits will be paid, and the amount of the investment will be returned, as the construction cost is insufficient.

Around that time, a joint agreement was entered into with the victim in a mutually influorous restaurant located in the Dong-dong of Seongbuk-gu, Seongbuk-do.

However, in fact, the above East Asian Construction was an enterprise introduced by Defendant A to the Defendant to conclude a sub-subcontract with the G Company, and the contract was terminated by the G Company due to Dong Construction's failure to procure cargo, and it was not authorized to do so. The Defendants thought that the invested money received from the damaged person was used as personal living expenses, etc., and there was no intent or ability to return the principal amount to the victim or pay the profit.

Nevertheless, the Defendants: (a) by deceiving the victim as above; and (b) transferred the sum of KRW 12,300,000 on July 12, 2013 to the Defendant’s deposit account under the pretext of investment from the victim; (c) KRW 2,000,000 on August 16, 2013; and (d) KRW 12,30,000 on November 28, 2013 to the Defendant’s deposit account under the pretext of investment.

Accordingly, the Defendants conspired to receive property from the injured party.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement in the police statement protocol against E;

1. The transportation contract (transport) contract, investigation report (to listen to telephone statements with reference witness H) and investigation report (to refer to reference witness I).