Defendant

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

However, this judgment is delivered to Defendant A.

Punishment of the crime

[criminal power] Defendant A was sentenced to eight months of imprisonment for a crime of fraud at the Incheon District Court on August 11, 201, and the above judgment became final and conclusive on December 31, 201, and Defendant B was sentenced to two years of suspension of execution on April 26, 2012 at the Incheon District Court on April 26, 2012, and the above judgment became final and conclusive on May 4, 2012.

【Criminal Facts】

1. The Defendants conspired to borrow money from the victim D by deceiving the victim even though they did not have the intent or ability to repay the money even if they borrowed money from the victim D.

Defendant

B requested Defendant A to introduce a place to borrow money from the Defendant, and Defendant A stated that “B would make a profit of KRW 1 million each month until the date of repayment of the investment, if B made an investment of KRW 20 million on the working day of the private teaching institute, at the cafeteria-dong, Nam-gu, Incheon Metropolitan City.”

However, even if the Defendants received money from the victims, they did not have the intent or ability to use it for the private teaching institute business, and they did not have the intent or ability to repay the investment and profit normally to the victims.

The Defendants deceptioned the victim as such and received from the victim the delivery of KRW 19 million to the Defendant B’s account on the same day.

2. Defendant B

A. On September 20, 2010, the Defendant called “a money is required to operate a private teaching institute. If the Defendant invests KRW 3.0 million in the existing investment amount, the Defendant would pay KRW 3,00,000,000 per month to the existing investment amount until the repayment of the investment amount.”

However, even if the defendant received money from the victim, he did not have the intent or ability to invest in the operation of the private teaching institute, and there was no intention or ability to repay the investment and earnings normally to the victim.

The Defendant, as such, deceiving the victim and deceiving it from the victim, shall account for the Defendant’s account of KRW 27 million under the pretext of investment around September 27, 2010.