Defendant

A Imprisonment with prison labor of one year and eight months, and Defendant B shall be punished by imprisonment with prison labor of two years.

The costs of lawsuit shall be borne by the Defendants.

Punishment of the crime

On February 2, 2014, the Defendants made a false statement to the victim E that in relation to the down payment of KRW 5 billion to take over the “F hotel” in Jeju-do, the Defendants would bring KRW 300 million to KRW 5 billion, including the Hong Kong Fund, until April 10, 2014, at the coffee shop where the trade name in Seocho-gu Seoul Metropolitan Government is unknown.

However, the Defendants did not have any experience in raising funds from foreign countries, and did not know about the method at all, and there was no intention or ability to bring about 5 billion won as agreed upon by the victims even if they received money from the victims.

The Defendants conspired to induce the victim as such, and thereby, received KRW 200 million from the victim’s national bank account in the name of Defendant B on April 2, 2014, and KRW 100 million from the account in the name of (ju)G actually operated by Defendant A on April 3, 2014.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each legal statement of the witness H and I;

1. Each police statement of E;

1. Each investigation report Nos. 22, 23, 24, 26, and 28;

1. Sales intent, the case of the business agreement on the acquisition of a F hotel, the agreement, and the details of the account transactions in the complainant;

1. Application of Acts and subordinate statutes of a monetary loan for consumption;

1. Defendants of the relevant legal provisions concerning criminal facts: Articles 347 and 30 of the Criminal Act

1. The Defendants: Imprisonment with prison labor;

1. The Defendants bearing the costs of lawsuit: The Defendants A and the defense counsel's arguments on the grounds of conviction of Articles 186 (1) and 191 (1) of the Criminal Procedure Act, and the Defendant A and the defense counsel, after hearing from Defendant B that the expenses of KRW 300 million need to be incurred to attract foreign capital, and the victim should not be required to remit the above KRW 300 million to the victim. It is recognized that the said Defendant received KRW 160 million out of KRW 300 million remitted by the victim, but the said money was paid by Defendant B.