Defendants shall be punished by imprisonment for ten months.

However, from the date of the final judgment of this case, the Defendants are above two years.

Punishment of the crime

Defendant

A and B are the respective representative directors of H Co., Ltd., Ltd. (hereinafter “H”), and Defendant C are the representative directors of the said fuel additives sales chain I Co., Ltd. (hereinafter “I”).

Defendant

B, on May 2013, 2013, the first police officer of the Gwangju Mine-gu, stated that “The victim Company K (hereinafter “victim Company”) will produce and sell fuel additives in the victim Company K office, the representative director of the victim Company, “from the end of May of this year or from the beginning of June of this year. The transport deposit amount of KRW 100 million is to exclusively take charge of all transportation services, such as on-site, export and import volume, and domestic sales volume.”

Since then, Defendant B got L to a long-term factory located in Jeonsung-gun M and introduced Defendant A and C.

At the time, Defendant A and C were also false to the same purport.

However, in fact, it was difficult for the Defendants to find out the financial circumstances to the extent that they are unable to pay rent for the factory.

In addition, the closure of a long-term plant was anticipated, and the establishment of a small-term plant was not advanced to manufacture products for export in foreign countries.

Ultimately, even if the Defendants entered into a contract of carriage with the victim, they did not have the intent or ability to perform it.

As such, the Defendants conspired in collusion with the victim company and deceptioned the victim company, and then, the victim company took over KRW 100 million from the victim company to the I's account on May 16, 2013, by means of remittance of KRW 100 million.

Summary of Evidence

1. The Defendants’ partial statements in the third protocol of trial

1. Partial statements by witnesses A, L and C;

1. Statement of L and N in the fourth trial records;

1. Some statements of the suspect interrogation protocol of Defendant A and C by the prosecution

1. Details of entry, withdrawal, transactions, and I corporation's statement of accounts;

1. Application of statutes on entrustment of business affairs;

1. Relevant provisions of the Criminal Act and Articles 347 (1) and 30 of the Criminal Act concerning the selection of punishment;

1. Article 62(1) of the Criminal Act: