Defendant

B Imprisonment with prison labor for three and a half years, and for two years, Defendant A, respectively.

Punishment of the crime

Defendant

A, at the Ulsan District Court on May 8, 2009, sentenced to one year of imprisonment for fraud and two years of suspended execution, and the judgment on December 23, 2010 becomes final and conclusive and is currently in the grace period.

[2012 Gohap494]

1. The Defendants in violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) introduced them to Qa who manages the foreign capital of The Indonesia E (hereinafter “the instant foreign capital”), Defendant B introduced them to “the attorney representing the Government of the Republic of Korea in connection with the domestic execution of the instant foreign capital,” and accessed Qa who operates (P)P (hereinafter “P”). On February 25, 2010, the Defendants entered into an investment agreement between Q and Qa to the effect that “the Defendant shall attract the instant foreign capital and invest KRW 900 billion out of the said foreign capital in the R business that P is proceeding until April 25, 2010.” However, according to the legitimate examination of evidence, according to the evidence of this court, the Defendants paid KRW 300 million out of the amount of investment agreement that Q Qa originally paid to the Defendants.”

No foreign funds of this case were invested in R projects by attracting them to Korea.

When the Defendants received the Defendant’s previous debt and the money received from Q as above on January 201, 201, the Defendants were urged to repay the foreign funds of this case. In addition, even if the Defendants knew of this, even if they were to borrow money from the victim S, they did not have the intent or ability to properly repay it on the repayment date, they recommended the Defendant to lend money to Q as a joint and several surety and to be responsible for the foreign funds of this case through Q through Q.