Defendant

A shall be punished by imprisonment for six months, by a fine of 3,00,000 won.

Defendant

B The above fine.

Punishment of the crime

[criminal record] On June 2, 2011, Defendant A was sentenced to a suspended sentence of six months for fraud at the Changwon District Court on June 2, 201, and the judgment became final and conclusive on June 10, 201.

[Criminal facts]

1. On June 14, 2008, Defendant A subscribed to the award system (17 old accounts and KRW 16 million) operated by the victim D, even if the completion of the contract was received from the successful bidder at a place in which it was not possible to pay the remainder of the contract, as if it were to pay the remainder of the contract.

However, in fact, the defendant was thought to receive a successful bid, and there was no particular income at the time, and even if he received a successful bid payment from the injured party due to excessive debts caused by gambling, he did not have the intent or ability to pay the remainder normally.

On November 20, 2008, the Defendant received KRW 9850,000 from the injured party.

2. Joint crimes committed by the Defendants

A. The Defendants, as a intermediary, conspired to acquire the accounting money by driving as if Defendant B subscribed to the successful bidder, in order to repay Defendant A’s gambling debts, etc.

Defendant

B, on June 14, 2008, when receiving the remainder of the successful bid in a non-permanent place, it was done as if it would pay the remainder of the successful bid, and it was subscribed to the successful bid system (17 old accounts, 16 million won, and 17 million won) operated by the victim D.

However, in fact, the Defendants were engaged in as if they were to join the successful bidder in order to repay Defendant A’s gambling debts, etc., and Defendant A did not have any specific income at the time, and even if the Defendants received the successful bidder’s payment from the injured party due to gambling, etc., there was no intention or ability to make the remainder payment normally.

The Defendants conspired to commit the act of transferring KRW 10,50,000 from the injured party to the account under the name of the Defendant B on July 29, 2008.

B. The Defendants’ fraud of the borrowed money is as above.