Defendant

A Imprisonment with prison labor for ten months and for eight months, respectively.

However, this judgment is delivered against Defendant B.

Punishment of the crime

Defendant

B On February 7, 2018, a person who was sentenced to six months of imprisonment and one year of suspended execution to be a violation of the Labor Standards Act in the Changwon District Court’s branch branch, which became final and conclusive on July 19, 2018, and was sentenced to two years of imprisonment and three years of suspended execution to be a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) in the Changwon District Court’s Msan branch on November 30, 2018, and such judgment becomes final and conclusive on December 8, 2018.

The Defendants: (a) invested KRW 48 billion in D Co., Ltd. (hereinafter “D”) operated by C; (b) obtained a total of 400 million shares; and (c) newly built a factory on the site owned by C and D to distribute the proceeds from the operation of the factory; (d) however, the Defendants renounced D around December 2013 due to a lack of funds, and subsequently re-established the E Co., Ltd. (hereinafter “E”) around January 2014, following discussions with a separate company (hereinafter “E”); and (c) requested C to return investment funds from February 2014.

On April 7, 2014, the Defendants concluded a lease agreement with the victim G on the leased area and the premises restaurant operation agreement that leases the 181 square meters of land scheduled to be located in the Gyeong-gun, Gyeong-gun, Gyeong-gun, Gyeong-gun, and four other four parcels, which are the scheduled site for D factories, with the victim G, and concluded a false statement that “a factory shall be completed after two months, and if the lease deposit is paid, it shall be able to operate a restaurant within the factory.”

In fact, the Defendants had already attempted to discontinue the operation of D as above, and the Defendants had no intention or ability to allow them to operate the cafeteria at the completed factory building even if they received the lease deposit from the victims because they could no longer proceed with the construction of the factory due to the lack of funds.

On April 16, 2014, the Defendants conspired to induce the victims as above and received KRW 100 million from the victims via the J bank account in the name of E newly established by the Defendants as the lease deposit money.

The facts charged.