Defendants shall be punished by imprisonment for four months.

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

Punishment of the crime

Defendant

A was sentenced on December 7, 2017 to be punished by imprisonment of one year and six months at the Seoul Central District Court for fraud, and the judgment becomes final and conclusive on March 15, 2018, and ② on August 16, 2018, the same court was sentenced to imprisonment of one year and two months for fraud and is currently being confined in the emulative vocational training prison at the present time, for which the judgment became final and conclusive on August 24, 2018.

The amount of damage caused by fraud according to the above two final judgment is about 1.4 billion won.

Defendants, as married couple, operate “D cafeteria” in Bupyeong-si C.

On September 30, 2017, the monthly rent of KRW 18 million was eventually closed due to the delinquency in payment of the monthly rent of KRW 18 million, wages in arrears of the employees, and approximately KRW 400 million of the Defendant B’s debt.

In collusion with the Defendants on December 12, 2016, the Defendants: (a) around that time, the amount of monthly rent of KRW 18 million (6 million per month x 3 months) was insufficient; (b) Defendant B was unable to repay the principal amount of KRW 400 million; and (c) even if having borrowed money from another person, the Defendants did not have any intent or ability to repay the principal within three months; (d) from September 2016 to the victims of Joseon C, who had worked as the visiting employment expenses, “I would pay 3% interest per month if I would pay 20 million won or less if I would pay 20 million won or more; and (e) the principal would have been repaid without paying 3 months later; and (e) the victim’s new bank under the name of the Defendant (FF) was wired.”

Accordingly, the Defendants conspired to deception the victim as above and received 20 million won from the victim.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement of the police statement of E;

1. A detailed statement of deposit transactions and a certificate of borrowing;

1. G answer materials;

1. Previous convictions in judgment: Criminal records, etc., inquiry report (A), investigation report (report on verification related to A confinement of a suspect), and application of Acts and subordinate statutes on the acceptance status of each individual;

1. Relevant Article of the Criminal Act and Articles 347(1) and 30 of the Criminal Act concerning the selection of criminal facts;