1. Defendant A shall be punished by imprisonment with prison labor for one year.

The application for compensation of this case is dismissed.

2. Defendant B.

Punishment of the crime

【Defendant A, on September 9, 2016, was sentenced to a suspended sentence of two years on the six months of imprisonment due to a violation of the Labor Standards Act in the Gyeyang Branch of the Suwon District Court on September 9, 2016 and the judgment became final and conclusive on September 20, 2016.

【Criminal Facts】

1. Joint criminal conduct between the defendant and B;

A. On October 21, 2015, the Defendant and B stated that “If the Defendant intends to newly acquire and operate the company, and the Defendant loans KRW 150,000,000,000,000, which is part of the acquisition funds, he/she will take over the company and lease the company’s shares, and 50% of the company’s shares will be paid. In addition, when profits occur, 50% of the profits will be paid, and the benefits will also be paid if he/she directly participates in the business of the company.”

However, in fact, the company to take over has not yet been determined, and the defendant has not been able to pay for the company's debt amounting to 3 billion won or more, and there is also a need to pay for the company in the process of operation B, and even if he borrowed money from the victim, he did not think that it would be used as the company's acquisition fund.

In collusion with B, the Defendant received 70 million won from the victim by deceiving the victim as such and under the pretext of borrowings from the victim, and the Defendant received 70 million won from the credit union account (Account Number G) in the name of F Co., Ltd., a company operating the Defendant on the same day.

B. On October 26, 2015, the Defendant and B stated, at the above place, that “If the funds for acquisition of a company are loaned to the victim more than 150 million won per mother and child, it may be repaid within one month, and if the funds for acquisition are erroneously paid to the mother and child, it is dangerous that money will be first lent.”

However, in fact, the company still has not yet been determined and used the borrowed money under the preceding paragraph for other purposes, and this was also thought to be used as funds urgently needed for the defendant and B companies, and there was no intention or ability to repay in one month.

The Defendant and B.