Defendants shall be punished by imprisonment for six months.

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

Punishment of the crime

[criminal power] Defendant B was sentenced to two years of imprisonment for a crime of fraud at the Jung-gu District Court on June 14, 2012, and the judgment became final and conclusive on December 13, 2012. On November 22, 2013, Defendant B was sentenced to ten months of imprisonment for a crime of fraud, etc. at the Gwangju District Court on November 30, 2013, and the judgment becomes final and conclusive on November 30, 2013, and is currently under execution of the sentence.

【Criminal Facts】

1. On September 2008, Defendant A made a false statement to the victim E in the middle of a place where he was not a police officer, stating, “I will pay 140 million won including interest, if I would like to newly construct and sell a tenement house in the vicinity of the YY. I would have already purchased the site and only if I would have paid the development charges, I would have to immediately start the construction. I would have borrowed 100 million won after six months.”

However, in fact, the Defendant did not prepare a new site for the construction of the apartment house at the time, and the expected construction cost of KRW 1.2 billion out of the expected construction cost was prepared through loan or bond collection and the remaining construction cost was planned to be repaid with the proceeds from the completion of the apartment house after completion of the construction, but it was unclear whether the Defendant could secure the construction cost and execute the construction by securing the above construction cost, such as where the possibility of collection of personal claims equivalent to KRW 270 million that the Defendant intended to appropriate the construction cost is low. Therefore, even if the Defendant received the money from the victim as the construction cost,

The Defendant received KRW 90 million in total from the victim to the Agricultural Cooperative Account under the name of the Defendant, including KRW 7 million around September 25, 2008 and KRW 83 million around the 30th day of the same month.

Accordingly, the defendant was given property by deceiving the victim.

2. Defendant B

A. On September 30, 2008, the fraud Defendant made a false statement to the above Defendant A, the victim, “I would make a prompt transfer of money to the victim and make payment after two months.”

However, the defendant is above 3.8 billion won at the time of fact.