Defendants shall be punished by imprisonment for six months.

Punishment of the crime

Defendant

B In collusion with the operator of the LAD, in collusion with the defendant A, he did not undertake the project in progress at the time and did not have an intention or ability to conduct the project in the future, he had the intention to attract the victim E who has a relationship with the defendant A to receive the money as a business fund.

1. On December 28, 2009, Defendant A made a false statement to the victim of “G” office located in the Yangsan City F for the operation of the victim, stating that “The supply contract for the treatment shipbuilding ocean is at almost at the stage of gender formation. It is necessary to operate expenses in relation to the above contract, and it is intended to complete payment in the name of the victim, if it is leased with KRW 13 million.”

However, the above facts did not have the intent or ability to repay even if the delivery contract was not delivered with the above money since the supply contract was made from around 2005.

Nevertheless, the Defendants conspired to receive 10 million won in cash from the victim's place, and the remaining 3 million won was transferred to the account under the name of the Defendant A and acquired the total of 13 million won.

2. On January 18, 2010, Defendant A entered into an agreement with the victim on the right to remove approximately KRW 10 billion of the non-building located in the city of Busan. Defendant A made a false statement with the victim at the above “G office.” In order to carry out the said construction, Defendant A made it necessary to obtain a non-license, and if it is necessary to lend KRW 35 million to purchase a non-credit license, Defendant A would return it to the Plaintiff at the latest within two months.”

However, the above removal was not commenced at the time, and the Defendants did not have any intention or ability to pay the above removal even if they were to receive the above money, since there was no contract for the above removal work.

Nevertheless, in collusion, the Defendants received 35 million won from the victim to the account in the name of Defendant A on the same day and acquired it by fraud.

3. Defendant A around March 2, 2010, within the said “G office” office, the victim.