Defendants shall be punished by imprisonment for six months.

However, from the day this judgment became final and conclusive, the Defendants are above one year each.

Punishment of the crime

Defendant

On September 14, 2017, A was sentenced to a three-year suspended sentence of imprisonment for a crime of violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (e.g. between disabled persons) at the Gwangju High Court, and the judgment became final and conclusive on September 22, 2017. Defendant B was sentenced to imprisonment with prison labor and eight months at the Seoul Western District Court on August 31, 2017, and the judgment became final and conclusive on September 8, 2017.

On September 26, 2016, the Defendants agreed to sell rice to C and D, a company run by C and it, and concluded a contract on the supply of goods between the victim E and D on September 26, 2016, and conspired to receive rice in the name of C and use it as attorney fees for Defendant A.

Accordingly, Defendant A issued an order to request F to deliver rice 1,350 mills at the same place on September 29, 2016 to the representative director of the victim, as if he/she ordered the rice from G in Kimpo-si, the store located in G in Kimpo-si, Kimpo-si, and ordered F to deliver rice 1,350 mills to the same place.

However, in fact, the Defendants concealed the order of rice as above to C and ordered the delivery of rice to a separate warehouse used by the Defendants, other than D, who were not Co., Ltd., and the said order was made by arbitrarily disposing of the rice, and there was no intent or ability to pay the rice to the victim for the use of the rice by Defendant A’s attorney fees, etc.

Nevertheless, the Defendants conspired to induce the victim as above, and received delivery of rice 720 spores from the above warehouse from the victim to the above victim on October 2016, 201, at the market price of 21.6 million won, and acquired rice 1,350 spores from the above warehouse around October 7, 2016.

Summary of Evidence

1. Defendants’ respective legal statements

1. A protocol concerning the interrogation of suspects to the prosecution (two times, replacement) against the Defendants;

1. Application of the law of the police statement protocol to C