1. Defendant A shall be punished by imprisonment with prison labor for ten months;

However, the above sentence shall be executed for a period of two years from the date this judgment became final and conclusive.

Punishment of the crime

The Defendants received money from the E Industry Partnership's employees in Gyeyang-gu Incheon Metropolitan City E, as a loan for the purchase price of a restaurant within the Gyeyang-gu Incheon Metropolitan City F (hereinafter referred to as "G"), from the Defendant Company G limited company (hereinafter referred to as "G") to use the money for the full payment of the bonds.

Defendant

A around April 28, 2008, at the above E industry company around April 28, 2008, the victim H who is a workplace partner intends to take over the G-gu restaurant located in Gyeyang-gu Incheon Metropolitan City F.

The deposit is required to be paid in KRW 10 million within one month of the loan.

“A false representation was made.”

However, in fact, the Defendants did not have a specific plan to take over a G-type restaurant, and they thought to use the money received from the victim H for the purpose of paying the existing bonds, so there was no intention or ability to pay KRW 10 million to the victim H within one month.

However, the Defendants received KRW 10 million from the foreign exchange bank account (I) in the name of Defendant B for the same day from the victim H, and received KRW 7,590,000 from that time to July 16, 2009, in total 26 times from the victim H, J, and K, as described in the attached crime list in the same manner, from July 16, 2009.

Summary of Evidence

1. Defendants’ respective legal statements

1. Protocols concerning the examination of the suspect against the defendant B prepared by a public prosecutor, and statements made against the defendant A;

1. Each statement made with respect to H or L prepared by the police;

1. Application of Acts and subordinate statutes on the inquiry sheet requesting the details of transactions not requested, copies of each passbook, credit information inquiry reply, and B passbook transactions;

1. Relevant provisions of the Criminal Act and Articles 347 (1) and 30 of the Criminal Act concerning the selection of criminal facts;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act for the increase of concurrent crimes;

1. Article 62(1) of the Criminal Code of the Suspension of Execution (the Defendants recognized their mistakes and reflects them, and the victims punished by the Defendants.