Defendant

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

, however, for two years from the date this judgment became final and conclusive.

Punishment of the crime

Defendant

On May 13, 2011, A was sentenced to two years of imprisonment for fraud, etc. in the Changwon District Court’s territorial branch, and the above judgment became final and conclusive on September 9, 201.

Defendant

B On May 13, 2011, the same court was sentenced to two years of suspended sentence in October for the same crime, and the above judgment became final and conclusive on May 21, 201.

From around 202, the Defendants received the first successful bid price in the name of Successful Bidder D, and thereafter, have organized and operated approximately 15 successful bid price in the name of the person who received the highest interest among the members of Successful Tender.

Defendant

A was in charge of the recruitment of the members of the successful bid, financing, etc., and Defendant B was in charge of the affairs such as account books and the management of the accounts and the payment of the successful bid amount as the general affairs of the above successful bid.

On February 11, 2008, the Defendants made a false statement that “The Defendants would make the victim E a successful bid price of KRW 3 million each month from February 11, 2008 to May 11, 2009, and would pay KRW 45 million each month from February 11, 2008 to May 11, 2009.”

However, in fact, the Defendants had no intent or ability to pay the successful bidder even if they were to additionally organize the successful bidder and receive the advance payment, because they had an obligation equivalent to approximately KRW 100 million in around 2008, since they had an obligation to pay the advance payment, they did not have an intention or ability to pay the advance payment even if they were to receive the advance payment.

Nevertheless, the Defendants conspired as above with the victim on February 11, 2008, 3,00,000 won around March 11, 2008, 2,068,000 won around March 11, 2008, and 2,437,000 won around April 11, 2008, and 2,387,000 won around May 11, 2008, respectively.