Defendants shall be punished by imprisonment for ten months.

However, from the date of the final judgment of this case, each of the above two years against the Defendants.

Punishment of the crime

[criminal record] On August 23, 2012, Defendant A was sentenced to a two-year suspended sentence of imprisonment with prison labor for fraud, etc. at the Gwangju District Court on November 29, 2012, and the said judgment became final and conclusive on November 29, 2012. On February 14, 2014, Defendant A was sentenced to a two-year suspended sentence for imprisonment with prison labor at the Gwangju District Court for fraud, and the said judgment became final and conclusive on February 22, 2014.

[Criminal facts]

1. On June 6, 2012, Defendant A made a false statement to the victim F-friendly group of the victim F-gu in the Southern-gun E, Southern-gun, the Defendant concluded that “I would transfer KRW 30 million to KRW 30 million if I wish to receive a restaurant operation right from the victim’s wife at the apartment construction site promoted at H in Mapopo-si, G, if I wish to do so.”

However, the defendant did not have the right to operate the restaurant as the box of the construction site, and there was no right to operate the restaurant, and the restaurant was already operated by the third party, and it was thought that the restaurant was used for personal purposes, such as living expenses, etc. by receiving money from the injured party, so there was no intention or ability to transfer the right to operate the restaurant even if he received money from the injured party.

As above, the Defendant: (a) received the money of KRW 10 million from the account (J) in the name of the Defendant, under the pretext of the right to operate the restaurant from the injured party on the same day; and (b) received the money of KRW 47.2 million from September 28, 2012 from the injured party as stated in the attached crime list; and (c) received the money of KRW 47.2 million in total from the injured party on eight occasions as the price for the right to operate the restaurant as well as the cost for the operation of the restaurant.

2. Defendant B, on December 3, 2012, committed as if he had the ability to transfer the right to operate a restaurant to the victim F at the mutual infinite coffee shop located in the north-dong, Sinpo-si on December 3, 2012, and was going to Seoul head office with “30 million won per day and going to Seoul head office.”