Defendants shall be punished by imprisonment for one year.

Punishment of the crime

Defendant

A, around June 10, 2009, with the victim C, lent a total of KRW 150 million to D, a total of KRW 300 million, and created each collateral security right under the name of the defendant A and the victim with respect to the land size of 3,869 square meters in Si/Gun, Gyeong-gun, Gyeong-gun, which was actually owned by D as the collateral.

Upon delay in the repayment of D’s debt, Defendant A and the victim agreed with D to obtain a loan from a bank as collateral and to receive 100 million won each from the loan, but to apply for a loan to Defendant B registered as a debtor in order to increase the limit of loan amount, and to deposit the loan into Defendant B’s account.

On July 16, 2009, the Defendants conspired to make a deposit of KRW 500 million to Defendant B’s deposit account and embezzled 100 million for the victim, which was specified for the purpose of repaying the Defendant’s obligation to the victim, at the Sung-gu Central Bank located in Seongbuk-gu, Sungwon-si. In accordance with the above agreement, the Defendants were arbitrarily used for the Defendants’ personal repayment of the obligation.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each prosecutor's interrogation protocol against the Defendants (including the defendant B's statement protocol against the defendants A)

1. Each police suspect interrogation protocol against Defendant A (including the statement section C in the second protocol);

1. Each police statement concerning C and B;

1. Application of the Acts and subordinate statutes to the complaint;

1. Defendants: pertinent legal provisions on criminal facts and selective sentencing: Articles 355(1) and 30 of the Criminal Act stipulate that the Defendants are committed when committing the crimes, and the reasons for sentencing are divided. There are no criminal records having been punished for the same kind of crime, but the Defendants do not have a substantial amount of the amount of money embezzled and do not completely recover from the victim’s damage. In addition, the sentence shall be determined as per Disposition, taking into account the following: