Defendant

A Imprisonment of three years and six months, and Defendant B shall be punished by imprisonment of one year and six months, respectively.

Punishment of the crime

Defendant

B On January 15, 2014, the Incheon District Court sentenced the two-year suspended sentence of imprisonment for six months to be a crime of fraud at the Incheon District Court, which became final and conclusive on the 23th of the same month. On September 17, 2014, the Incheon District Court sentenced six months to imprisonment for a crime of fraud at the Incheon District Court, which is still pending in the appellate trial.

The Defendants and H established a stock company by means of fictitious payment through the Victim K, a staff member of the “JA certified judicial scrivener” office in Seocho-gu Seoul, Seocho-gu, and thereafter deposited capital in the bank that received from the victim by deceiving the capital increase by means of fictitious payment. Accordingly, Defendants and H conspired to acquire money by means of reducing the amount of the capital increase deposited in the victim’s future deposits. Accordingly, Defendants and H established the stock company under the name of “M” in contact with the victim through L, which is the largest payment hub on April 29, 2009.

Since then, on May 2009, Defendant A made a telephone call to the above L in order to increase the capital of “M” in KRW 450 million, Defendant A made a false statement to the effect that “M will return KRW 400 million according to the registration of change in the corporation’s capital increase if the most paid-in capital is lent 400 million,” and L delivered the above contents to the victim.

However, even if the defendants received 400 million won from the victim as the price for the increase of capital, the defendants only discovered after the increase of capital and did not have the intention or ability to return it to the victim.

On May 11, 2009, the Defendants and H received 400 million won check from the victim, through other staff members of the “JA certified judicial scrivener” office in the Dongcheon-dong, Jungcheon-gu, Incheon.

As a result, the Defendants conspired to deceive the victim, thereby deceiving 40 million won.

[Defendant A] “The criminal facts of Defendant A” are 2014 Highest 7429.