Defendant

A shall be punished by imprisonment with prison labor for eight months and by imprisonment with prison labor for one year.

Punishment of the crime

Defendant

A is the representative director of the E, a joint owner of F and eight others, and a person who has promoted the construction of “H Tourism Agriculture Center” in 10 lots (hereinafter “instant land”). Defendant B entered into a partnership contract with Defendant A from June 23, 2010, and acquired the same business with Defendant E and promoted the construction of the said tourist farming center.

On May 19, 201, the Defendants conspired to construct tourist farming resources to the victim I at an infinite office located in Dongdaemun-gu Seoul Metropolitan Government, Dongdaemun-gu, Seoul, and only a cemetery located in the site can enter the civil engineering work and can be loaned by the bank.

The principal shall be repaid at least four months after the loan of KRW 100 million, and interest shall be paid at 10% of the business profits later.

“A false statement” was made.

However, in fact, the Defendants purchased the instant land in addition to the method of receiving a loan and paying the purchase price, and did not have the funds to construct tourist farming gardens. On December 2, 2010, the Defendants received the notice of termination of the sales contract on the grounds of the remainder unpaid from F, the representative of the landowner at the early police station, and the Defendants did not intend to use the entire KRW 100 million received from the injured party for the H Tourism Institute construction project, such as graveyard relocation.

In addition, even though the Defendants did not explicitly permit F to borrow the instant land as collateral and did not obtain the consent for the implementation of civil engineering works, and even if they did not have to prove the interest payment ability to obtain the loan, they did not notify the victim of such fact, and did not make it as if they could receive the said land as collateral and repay KRW 100 million to the victim within four months.

The Defendants deceiving the victim as such and transferred KRW 100 million to the Agricultural Cooperative Account of Defendant A on the 20th of the same month from the victim.

Summary of Evidence

1. Each part of the defendants.