Defendants shall be punished by imprisonment for not less than five months.

However, with respect to the defendant A, it shall be for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

[Criminal Justice] On May 26, 2016, Defendant A was sentenced to four years of imprisonment for fraud, etc. in the Daejeon District Court’s Branch of the Daejeon District Court, and the judgment became final and conclusive on August 8, 2017.

Defendant

B On February 6, 2014, the Seoul Central District Court sentenced two years of the suspended sentence to 6 months of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) in the Seoul Central District Court on February 14, 2014, which became final and conclusive on February 14, 2014. On November 20, 2018, the Seoul Southern District Court sentenced one year and six months of imprisonment for fraud at the Seoul Southern District Court on November 28, 2018.

【Criminal Facts】

Defendant

B is a person who actually operates E Co., Ltd. for the purpose of group meal service business (hereinafter referred to as “the above company”) in the territory of the building C in the Nam-gu Incheon Metropolitan City, and Defendant A is a director of the above company.

The Defendants intended to sell the right to operate the brin restaurant to the victim H in relation to the G apartment construction site in the Guri-si G apartment construction site, which is newly constructed in F, and acquired the price by fraud.

이에 따라 피고인들은 2012. 9. 3. 11:00경 서울 마포구 I 아파트 신축공사 현장에 있는 가설 교회 구내식당에서, 위 회사의 이사인 J을 통하여, 피해자 H에게 “구리시 G 아파트 공사현장과 관련하여 F로부터 함바식당 운영권을 땄다. 운영권을 줄 테니 2,500만 원을 달라”라는 취지로 거짓말을 하였다.

However, the above construction site did not have been determined to operate the cafeteria, and even if the above company did not receive money from the victim, the victim did not have the intention or ability to grant the right to operate the cafeteria.

As above, the Defendants conspired to induce the victim as above and were transferred KRW 25 million from the victim to the Agricultural Cooperative (L) account in the name of the Defendant B’s wife on September 7, 2012, under the name of the right to operate the restaurant.

Summary of Evidence

1. Each legal statement of the witness J, M, N, H,O, and P;

1. A of the witness (the accused);