Defendants shall be punished by imprisonment for one year.

The application for compensation order of this case shall be dismissed.

Punishment of the crime

Defendant

A is a director of the E, and the defendant B, as the representative director of the above company, has received money under the pretext of supplying scrap metal to victims D and F, and has attempted to acquire it by fraud.

On November 22, 2007, the Defendants conspired with the victim F, who was introduced through the victim D on November 2, 2007, and the Defendant F, “G company is operating the H president at present, who is the head of the bar, and the actual operator, cut the scrap metal at this plant, and the scrap metal amounting to 150 to 200 tons per month, while the scrap metal amounting to 70 to 100 tons per month, to 250 to 300 tons per month, to supply the scrap metal amounting to 10 million tons per month, even in E operated by the Defendants.” The Defendant B drafted a scrap metal transaction contract with the victim.

However, the Defendants did not actually operate the G company, and in the case of E, it was possible to deliver only the scrap metal of 20 tons per month, so even if the victims received KRW 100 million per month, the Defendants did not have the intent or ability to supply scrap metal of 250 to 300 tons per month.

Nevertheless, the Defendants conspired to induce the victims as above and received KRW 80 million in cash and KRW 20 million in the position of the victims.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each legal statement of witness D, I and F;

1. Each police interrogation protocol against the Defendants (including each substitute part)

1. Each police statement made to D or I;

1. Application of Acts and subordinate statutes on a sales contract of scrap metal;

1. Defendants of relevant legal provisions concerning criminal facts: Articles 347(1) and 30 of the Criminal Act; the choice of imprisonment

1. Reasons for sentencing of Article 25(3)3 and Article 32(1)3 of the Act on Special Cases Concerning the Promotion, etc. of Lawsuits for Compensation Order (the scope of Defendant’s liability for compensation is not clear) [the scope of recommending punishment] types 2 (at least KRW 100 million, less than KRW 500 million) and the basic area (one to four years).