[Defendant A] The defendant shall be punished by imprisonment for six months.

However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

The Defendants conspired to acquire money from the victim D who conducts a building business.

On August 2013, the Defendants sought a business explanation from the victim in the construction site of officetels located in the Blue-dong, Busan Metropolitan City (hereinafter referred to as the "Slue-dong, Busan), and then Defendant A stated that “The Elue-Ma will become the property of KRW 5 billion, which is the good business operator, and invested by receiving KRW 1 billion, and the E-B will be able to obtain a loan of KRW 4-500 million if the E-B is recovered from the management of the logistics company in the Mlue-si. However, the Defendants stated that “The E-B will borrow KRW 20 million so that he/she can recover the credit that he/she has repaid the loan.”

However, in fact, Defendant A’s mother did not have any particular property, and Defendant B did not have the ability to make investments with the victim. As such, Defendant B did not run a logistics company, Defendant B was in a situation where it is impossible to obtain a loan of money from the victim even if Defendant B repaid the debt borne by Defendant B, etc., and even if receiving money from the victim, the Defendants did not have the intent or ability to make

In collusion, the Defendants: (a) conspired to deception the victim; and (b) deceptioned the victim on August 4, 2013 by remitting KRW 20 million from the victim; and (c) received a total of KRW 80 million from the victim through the same method from November 1, 2013, as shown in the separate crime list.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement of D police statement;

1. Application of Acts and subordinate statutes to the complaint (including certificates and receipts);

1. Defendants of relevant legal provisions concerning criminal facts: Articles 347(1) and 30 of the Criminal Act (Overallly, Selection of Imprisonment)

1. Defendants on probation: Article 62(1) of the Criminal Act;

1. Probation and community service order Defendants: The grounds for sentencing of Article 62-2 of the Criminal Act [the scope of recommendations] are general fraud.