Defendant

A A shall be punished by a fine of 3,000,000 won, and Defendant B shall be punished by imprisonment for six months.

Defendant

A The above fine shall be imposed.

Criminal facts

1. On June 2012, Defendant A told the victim E at a restaurant where it is impossible to know the trade name in the Seocho-gu Seoul Seocho-gu Seoul Yangdong on the early 2012, and Defendant A subcontracted the construction of the Hyundai Steel Complex Development Co., Ltd., along with the old construction and the strong mountain construction. Defendant was awarded a subcontract for the construction of the Hyundai Steel Complex Construction Co., Ltd., with the construction of the Gusan Construction and the strong mountain construction. Defendant would allow the above construction site owners to use the brin restaurant that the victim intends to operate. Defendant would demand the site manager to pay expenses.”

However, the Defendant was not the head of the IM comprehensive development corporation, and was unaware of the site director at the construction site of the said modern steel processing plant, and accordingly there was no intention or ability to use the money for the street funds even if he received money from the victim.

Ultimately, the Defendant, as above, by deceiving the victim as above, received from the victim a sum of KRW 2 million around September 17, 2012, KRW 1 million around September 29, 2012, and KRW 3 million.

2. On September 21, 2012, Defendant B told the victim E to the effect that “The Defendant obtained the right to operate an on-site restaurant from the IM comprehensive development that has been subcontracted the construction of the on-site railway factory in the on-site area, and transferred the right to operate the restaurant on the-site.”

However, the Defendant did not have received the right to operate the construction site restaurant from the construction site development as above.

After all, the Defendant, as above, by deceiving the victim as above, obtained KRW 20 million from the victim on the same day, and acquired it by fraud.

Summary of Evidence

1. The defendants' partial statement (the purport that they received money as stated in each judgment from E)

1. Each legal statement of witness E, F, G, and H;

1. A complaint (including attached documents);

1. Application of Acts and subordinate statutes to investigation reports (the details of telephone communications for reference I);

1. Defendants of relevant legal provisions concerning criminal facts: Article 347(1) of the Criminal Act.