Defendant

A shall be punished by imprisonment with prison labor for six months and by imprisonment with prison labor for six months.

Punishment of the crime

On May 209, the Defendants met the victim E, which became aware of through D at the coffee shop near the troke basin located in Seocho-gu Seoul, Seocho-gu, Seoul. Defendant C, “I would like to establish a hospital in Korea by attracting foreign capital in Hong Kong, while I would like to attract foreign capital in cooperation with the F in Hong Kong.” Defendant A, “C is operating a business inducing foreign capital and the F would have made an investment of KRW 70 billion to C, but the F would help the victim operate the business.”

In addition, on May 28, 2009, Defendant A: (a) concluded and certified an agreement on consultation with the content that stated that “A notary public located in G will re-enter the funds of KRW 70 billion from Hong Kong within 2 months; (b) immediately return the funds from Hong Kong to the expenses incurred in attracting the funds from Hong Kong; and (c) provide the victim with 20% of the shares of contribution received from C; and (d) actively invest in the victim’s business.”

However, the Defendants did not have any intention or ability to attract funds of KRW 70 billion from Hong Kong within two months or to repay the money borrowed from the victims to the agreed date.

As such, the Defendants conspired to deception the victim, and that deceiving the victim, remitted the amount of KRW 50 million to the Defendant A’s account on May 28, 2009 to the victim’s account.

Summary of Evidence

1. Each legal statement of witness E, I, and D;

1. Application of Acts and subordinate statutes of a notarial deed, a loan certificate, a written agreement for consultation, a letter of certification, and detailed statement of gold transaction records;

1. Determination on the assertion by the Defendants and their defense counsel as to the relevant criminal facts under Articles 347(1) and 30 of the Criminal Act

1. Defendants and ..