1. The Defendants shall be punished by imprisonment for six months.

2. However, it is against the Defendants for two years from the date of this decision.

Punishment of the crime

On March 29, 2007, the Defendants stated that the “F cafeteria” of the victim E’s operation in Gyeong-gun, Seongbuk-gun, the Defendant would lend money to the victim. “The Defendant would pay 5% interest per month by lending 30 million won to the victim.” The principal would be repaid up until September 28, 2008.”

However, in fact, the Defendants borrowed money of KRW 70 million from G with gambling funds to G with gambling funds, and attempted to lend money from the victim to G with money again, but the Defendants did not inform the victim of such fact and did not have any intent or ability to repay the money even if they borrowed money from the victim.

In collusion, the Defendants: (a) informed the victim; (b) informed the victim of such deception; (c) transferred KRW 20 million from March 31, 2007 to the Agricultural Cooperative (H) Account in the name of Defendant B; and (d) received KRW 29.75 million from April 13, 2007 to receive KRW 9.755 million from the victim; and (c) acquired it by fraud.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement to E by the police;

1. Application of Acts and subordinate statutes, such as a loan certificate and copy of bankbook attached to a complaint;

1. Relevant Articles of the Criminal Act and the selective Defendants of the punishment: Articles 347 (1) and 30 of the Criminal Act;

1. Defendants who hold a suspended sentence: Article 62(1) of the Criminal Act (The following extenuating circumstances are considered among the reasons for sentencing);

1. Defendants of a community service order: Reasons for sentencing under Article 62-2 (1) of the Criminal Act and the main sentence of Article 59 (1) of the Act on Probation, etc.;

1. Defendant A [Scope of Punishment] 1 month of imprisonment - 10 years [Determination of Punishment] - Fraud - No person who has any type 1 (less than KRW 100 million) from among the general fraud / [Scope of Recommendation] - Fraud - The basic area of category 1 (less than KRW 100 million) from among the general fraud - June - one year and 6 months from among the general fraud - [General person] mitigation element: anti-defluence, there is no record of criminal punishment, and part of efforts to recover damage.