Defendant

A shall be punished by imprisonment with prison labor for six months and by imprisonment with prison labor for ten months.

except that for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

On December 2, 2010, Defendants stated to the effect that, at the victim F’s house located in Yangju-si, “the construction of a new building in Gangwon-do is required. 100 million won is required to take the order for the construction of the framework of the G building. When the construction of the aggregate is completed by taking the order, the profits amounting to KRW 300 million shall accrue. When the construction is completed, the principal shall be paid and the construction shall be returned upon completion of the construction, and KRW 100 million shall be additionally paid out of the profits.”

However, in fact, the aggregate construction of the above G Building was already ordered by another person, and the construction of the above G Building was suspended due to the lack of land purchase funds. The Defendants were willing to receive the loan from the victim to use it at another construction site. At the time, the Defendants did not have any property, and there was no particular income, so even if they borrowed money from the victim, they did not have the intent or ability to repay the money.

From January 17, 201, the Defendants conspired to induce the victim as above and received KRW 95 million, excluding the prior interest and KRW 5 million from the victim as the borrowed money.

Summary of Evidence

1. Defendants’ legal statement

1. F statement among the interrogation protocol of the prosecution against the Defendants

1. Each prosecutor's protocol of statement concerning H and I;

1. An investigation report (J phone statement related to the structural works);

1. Application of each statute on filing of a complaint;

1. Relevant Articles 347(1) and 30 of the Criminal Act and the Defendants’ choice of punishment for the crime: Articles 347(1) and 30 of the Criminal Act; and

1. Defendant A who is subject to suspended execution: The reason for sentencing against Defendant B under Article 62(1) of the Criminal Act (including the fact that the victim agreed with);

1. Application of the sentencing criteria [Determination of types] The types of general fraud (less than KRW 100 million) (the scope of recommendations) (the scope of recommendations) from six months to one year and six months (the basic area);

2. Determination of sentence: (a) the fact that the Defendant appears to have led the instant crime; (b) the accomplice is responsible for the instant crime; and (c) the recovery of damage.