Defendant

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

However, this judgment is delivered to Defendant A.

Punishment of the crime

Defendant

B On November 14, 2012, the Daejeon District Court sentenced 6 months of imprisonment for fraud and 1 year of suspended execution, which became final and conclusive on November 22, 2012.

On January 15, 2008, the Defendants entered into a contract with the victim E to purchase pine trees owned by the victim during the wintering and selling of pine trees. On January 15, 2008, Defendant B entered into a contract with the victim’s house located in Gongju City under the direction of Defendant A, with the victim’s house located in Gongju City under the direction of Defendant A, stating, “A approximately KRW 60 million per share, calculated 150,000 won per week, KRW 25 million for intermediate payment, KRW 25 million for intermediate payment at the beginning of the work, and KRW 35,00,000 for the remainder at the second end, and KRW 15,500 for the night tree nursery.”

However, the fact was that Defendant A was in a bad credit position, and Defendant B did not have any money, and even if it was extracted from pine trees, there was no market established to sell such pine trees, and even if it was extracted from and taken out of pine trees owned by the victim, there was no intention or ability to pay the purchase price, such as an intermediate payment or balance, which was promised by the victim.

As above, the Defendants conspired to induce the victim, extract about 300 pine trees, and take out about 400 pine trees, but did not pay only KRW 11 million out of the pine trees price, and did not pay the remainder of KRW 49 million, thereby acquiring pecuniary benefits equivalent to the same amount.

Summary of Evidence

1. The legal statement of the defendant A (as of the third trial date);

1. Defendant B’s legal statement (as of the second trial date);

1. The E-statement of the suspect interrogation protocol of the prosecution as to B

1. Each police statement of E;

1. Investigation report (field investigation, etc.);

1. A sales contract and a statement of self-relianced transactions;

1. Previous records: Application of Acts and subordinate statutes to inquiries into criminal records and investigation reports (Attachment to B written judgments of a suspect);

1. The corresponding criminal provisions of the Criminal Act concerning the facts of crime; and