Defendant

A shall be punished by imprisonment with prison labor for six months and by imprisonment for eight months.

, however, from the date this judgment becomes final.

Punishment of the crime

Defendant

A On July 11, 2013, the Suwon District Court was sentenced to one year of imprisonment and two years of suspended execution for fraud, and the judgment became final and conclusive on July 19, 2013.

Defendant

A operated the F Co., Ltd. as the president of G Co., Ltd. while operating the F Co., Ltd., and Defendant B operated Co., Ltd.

The Defendants conspired to acquire money from the victim H to receive money in the name of investment in the K-built project promoted by the Corporation I to J from the victim H due to the shortage of the company operation funds, and Defendant B concluded a contract with the victim H on April 18, 201 at the second floor corporation G office in the Gu Lbuilding Co., Ltd. of the second floor in the Gu L building and concluded a contract with the victim H for a contract with the amount of KRW 2.2 billion in the cost of construction of the new construction of the N-building construction of the N-building within one week. The Defendants stated to the effect that, if investing KRW 40,000,000 in the total construction of the N-building, the principal amount of KRW 40,00,000 shall be repaid within 30 days from the commencement of construction, and the investment profits shall be repaid at the monthly rate of up to 6 months.”

However, the Defendants did not enter into the above contract with I in a fixed manner, and G did not have any special asset and did not have any special asset. At the time, there was no special property for the Defendants at the time, so the Defendants did not have any intent or ability to pay the principal and profits of the investment even if they received the investment money from the victims.

Nevertheless, the Defendants conspired to deception the victim as above and acquired 40 million won from the victim to the Agricultural Cooperative Account in the name of G Co., Ltd.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each legal statement of the witness H andO;

1. The part of the protocol of interrogation of Defendant A by the prosecution as to Defendant A in P statement

1. Investigation report and investigation report (Hearing the current status of transfer money and the telephone statement of Q Q Q);

1. An investment agreement, a construction agreement, a promissory note, a statement of performance, a deposit certificate, and