Defendants shall be punished by imprisonment for four months.

except that the execution of each of the above penalties shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

[Criminal Power] On February 7, 2013, Defendant B was sentenced to imprisonment with prison labor for six months at the Seoul Eastern District Court for fraud, and the said judgment became final and conclusive on the 15th of the same month.

【Criminal Facts】

On September 27, 2012, the Defendants: (a) at the “F office of the Defendant Company F,” operated by the Defendant Company A in Gangnam-gu, Seoul; (b) planned the Victim G to purchase the J (current K) building located in I and three lots of land, Sungnam-gu, Sungnam-si, to use the Company H as the dead house; and (c) Defendant A was entrusted with the construction of the J building from L, an executive officer of the said Company; and (d) Defendant A ordered the remodeling work to the said Company B. The portion of the removal work out of the remodeling work is to be subcontracted to the Party B, and said false statement was made.

However, in fact, since there was no plan to purchase the above J building in order to use it as a private house, Defendant A did not have been entrusted with the above building construction work by Defendant A. Therefore, Defendant B could not receive a subcontract for remodeling work from Defendant A. Thus, even if the victim received money from the victim as above, it was thought that it would be used as their own living costs, etc., and the victim did not have the intent or ability to subcontract the portion of the removal construction work out of the above building.

As above, the Defendants deceiving the victim as above, and received from the victim the money of KRW 10 million on September 28, 2012, and KRW 20 million on May 2, 201 of the same year from the Korean bank account (Account Number: N) in the name of Defendant A’s father.

As a result, the Defendants conspired to attract the victim to receive the goods.

Summary of Evidence

1. Defendant B’s legal statement

1. Each legal statement of a witness G, L (part), B (part), andO;

1. Protocol concerning the interrogation of the Defendants by the prosecution

1. Protocol of the police statement concerning G;

1. A contract for removal and building management;

1. A subcontract agreement for construction works;

1. A sales contract for scrap metal;