Defendants shall be punished by imprisonment for four months.

Punishment of the crime

[Criminal Power] On September 16, 2010, Defendant A was sentenced to a suspended sentence of 8 months for fraud at the Seoul East Eastern District Court, and the judgment became final and conclusive on May 26, 201.

Defendant

B On April 23, 2015, the Seoul Western District Court sentenced two years of suspension of execution to six months of imprisonment for fraud, which became final and conclusive on September 18, 2015.

【Criminal Facts】

At around 16:00 on Nov. 4, 2008, the Defendants stated that “The Defendant purchased the first and second floors E from community credit cooperatives, and Defendant B decided to purchase the first floor from Defendant A with the first floor of 100 square meters, including the profits of KRW 20 million on the first floor of the commercial building, if Defendant B borrowed the down payment of KRW 30 million on one month.”

However, even if the Defendants received 30 million won from the victim, they were thought to use the commercial building individually, and even if they borrowed money from the victim, they did not have the intent or ability to reduce 50 million won to the victim.

The Defendants received KRW 10 million in total, 30 million in cashier’s checks as the down payment for commercial buildings from the victim on the same day.

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

Summary of Evidence

1. Defendants’ respective legal statements

1. The statement of each police officer made to F and G;

1. Certificates of understanding real estate trade, copies of cashier's checks, copies of receipts, copies of promissory notes, and written confirmation;

1. Records of judgment;

(a) Defendant A: Criminal records and copies of written judgments;

B. Defendant B: Case search, application of the judgment law

1. Relevant Articles 347(1) and 30 of the Criminal Act and the Defendants’ choice of punishment regarding criminal facts

1. Defendants who commit concurrent crimes: The grounds for sentencing under the latter part of Articles 37 and 39(1) of the Criminal Act are against all the Defendants, and both the Defendants are against the crime of fraud for which judgment has become final and conclusive.