Defendant

A shall be punished by imprisonment with prison labor for ten months and by imprisonment for one year and two months, respectively.

(2) the date of this judgment.

Punishment of the crime

1. Joint crimes committed by Defendant A and Defendant B

A. The Defendants, together with the victim C, participated in an auction under the name of a third party by finding a person to participate in an underwriting contract with the savings bank of Saturdays 2 savings, which is a special purpose company, and agreed to divide the remainder of the proceeds by borrowing money from the third party and disposing of it again, and paying the money to the third party.

On October 10, 201, Defendant A, at the victim’s house located in Busan Dong-gu, Busan, stating that “If the victim has sold the instant officetel 101 to 290 million won, 60 million won and the name of the owner, he/she shall immediately be awarded the contract for the said officetel and immediately repay 60 million won, and this 60 million won shall be charged to a special purpose company as a deposit for auction.”

However, in fact, the Defendants did not have certain income or assets, and even if they received a successful bid, they did not have the intent or ability to pay 60 million won from the injured party due to the lack of the ability to pay interest, etc. up to the time of sale.

The Defendants conspired to induce the victim as above and received 60 million won from the injured party to the Gwangju Bank Account (F) in the name of the Defendant B for the purpose of borrowing money from the injured party.

B. On December 8, 2011, the Defendants, along with committing the crime against the victim G, sent the victim at the I hotel coffee shop located in the Changwon-si, Changwon-si, Masan-si, and the Defendant B falsely stated that the victim “as the former successful bidder would pay the auction bond to the court at the J auction, Defendant B would give 100 million won of the former successful bidder’s auction deposit.”

However, the victim, on December 8, 201, participated in the auction on the above real estate at the Changwon District Court's branch court's jurisdiction over the original real estate and paid in full the sale price of the above real estate around January 26, 2012.