Defendants shall be punished by imprisonment for one year and two months.

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

Punishment of the crime

[criminal record] On January 20, 2016, Defendant B was sentenced to a suspended sentence of one year in the Seoul Eastern District Court for a crime of fraud on January 20, 2016 and the judgment became final and conclusive on January 28, 2016.

[2] On November 2015, the Defendants met the victim C at a non-permanent location of the Gangnam-gu Seoul Special Metropolitan City (Seoul Special Metropolitan City) and Defendant A knew the victim by saying, “The Defendant will grant the right to operate the restaurant in the D D Construction Site located in Chuncheon in Gangwon-do, and the site will lead to a huge amount of profit to the field of 50 to 1,50 on the daily basis, and there will be a significant amount of profit to the field of 500 to 1,500 on the job site, and there will be a difference between 150 million won and 1,500 on the job site to be paid to the head of the headquarters.” Defendant B committed the act as if he was in the relation of the enforcement company, while Defendant B knew the victim.”

However, in fact, the Defendants did not have been normally granted the authority to dispose of the restaurant operating right from the person in charge of the execution company who carried out the D construction. At the D construction site, the Defendants did not proceed with the required construction works by 500 to 1,500 persons as mentioned by the Defendants, and even if the Defendants were granted the money in the name of the introduction fee from the injured party, the Defendants were merely thought to use it as living expenses, etc. by dividing it.

Nevertheless, on December 1, 2015, the Defendants received 150 million won from the injured party at a coffee shop where the trade name near the F Bank dong branch in E is unknown.

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

Summary of Evidence

1. The legal statement of Defendant A and some of Defendant B’s legal statement

1. C Legal statement;

1. A copy of receipt, a letter of payment, or a certificate of borrowed money;

1. Investigation report (the sequence 21, 22, 23 in the list of evidence);

1. Previous convictions in judgment: Inquiry about criminal history and application of Acts and subordinate statutes of investigation report (Evidence List No. 8);

1. Relevant provisions of the Act concerning facts constituting an offense;