Defendants shall be punished by imprisonment for six months.

However, for one year from the date this judgment became final and conclusive as to the Defendants.

Punishment of the crime

Defendant

A is the representative director of C Co., Ltd. (hereinafter referred to as “C”) that distributes agricultural products, and Defendant B is the internal director of C.

The Defendants, around August 17, 2017, referred to the victim F at the E office located in the Songpa-gu Seoul Metropolitan City D market as “I would make settlement at intervals of two weeks at the time of supply of large wave.” However, in fact, the Defendants did not have any intent or ability to pay the amount even if they are supplied with large wave by the victims because the financial situation of C operated by the Defendants was insufficient and the payment of other transaction prices was closed.

Nevertheless, the Defendants: (a) by deceiving the victim as above and being supplied 2,350 won per unit price to the victim on August 17, 2017; (b) and (c) received 1,500 marbs from the victim; and (c) from the above date and time to September 21, 2017, the Defendants were supplied marbs equivalent to the total market price of KRW 92,507,00 as indicated in the attached crime list.

As a result, the Defendants conspired to attract the victim to receive property.

Summary of Evidence

1. Defendants’ respective legal statements

1. The police statement concerning F;

1. A comprehensive statement of the place and period of sales;

1. Protocol of decision in lieu of conciliation;

1. Application of Acts and subordinate statutes governing credit information history;

1. Relevant Articles of the Criminal Act and Articles 347 (1) and 30 of the Criminal Act concerning the crime and the choice of punishment (generally, choice of imprisonment);

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the following favorable circumstances) of the suspended sentence;

1. The scope of applicable sentences under Acts: One month to ten years of imprisonment; and

2. Scope of recommendations on the sentencing criteria: Where a person intentionally commits a fraudulent act in the area of special mitigation (one to one year) (one hundred million won) by the type of general fraud (one hundred million won or less) from one month to one year (the scope of recommending punishment) of each imprisonment, or where the degree of the deceptive act is weak, or where the amount of the deceptive act is weak, the person who has not received the punishment or whose damage has been recovered in a considerable part;

3. Determination of sentence;

A. Defendant A: Imprisonment with prison labor for six months, the period of suspension of execution under one year, and the age, occupation, character and conduct, family relationship of the Defendant;