Defendants shall be punished by imprisonment for one year.

Provided, That each of the above punishments shall be executed for three years from the date this judgment becomes final and conclusive.

Punishment of the crime

Although Defendants did not receive orders for the removal of D factories located in Asia-si, Asan City, etc., the Defendants prepared a sales contract on April 19, 2017, stating that Defendant B would sell the right of removal received by Defendant B to Defendant A, and had the intent to acquire money in the name of the purchase price for the removal construction right by presenting it to a third party.

According to the above public offering, around May 16, 2017, Defendant A presented the above contract to Victim E at the cafeteria near the above D factory, and Defendant A told that “The right to remove the D factory building that he received from Party B will be transferred in KRW 450 million. The down payment changed to KRW 100 million.”

However, as there was no plan to remove the factory building, D did not have concluded a contract to remove the factory building with Defendant B, and the Defendants did not have the intent or ability to transfer the right to remove the factory building even if they received money from the victim.

As above, the Defendants conspired in collusion to induce the victim, and received a total of KRW 50 million from the victim for the same day as the down payment, and received KRW 50 million as the down payment around the 23th of the same month, and received KRW 100 million from each Defendant A to the F Association account (G).

Summary of Evidence

1. Defendants’ respective legal statements

1. Part of the prosecutor's protocol of interrogation of each prosecutor's suspect against the Defendants (including the E-statement)

1. Statement to E by the police;

1. Complaints, details of account transactions, contracts for removal works and scrap metal transactions, notes, respective borrowing certificates (No. 1 through 9 categories of evidence);

1. Response to the cases of investigation reports (D) and requests for cooperation in investigation (related to removal of factories, etc.);

1. Each sales contract (No. 17, 19 shall be a list of evidence);

1. A investigation report (where a suspect submits details of bank transactions in A), and a detailed statement of account transactions;

1. Investigation report ( telephone conversations with H);

1. Investigation report (to telephone conversations with foreign I);

1. Investigation report (to telephone conversations with the outside J);

1. The application of Acts and subordinate statutes to a recording book;

1. Relevant Articles of the Act concerning the facts constituting the crime;