Defendant

A shall be punished by imprisonment with prison labor for a year and two months, and by imprisonment with prison labor for a period of ten months.

However, as to the Defendants, this is against the Defendants.

Punishment of the crime

From around 2012, the Defendants received money as a specific construction loan from the neighbors of the shortage of business funds from the construction company G as a partner in the city of Busan from the person who operated the construction company G in Busan as a partner in the Dong-gu, and accessed Defendant A-friendly job-friendly victim H with the intention to arbitrarily use the money after receiving the money as a specific construction loan.

On June 2013, the Defendants, at the early police station of the above office, planned the victim to perform the J Medical Care Center Extension Corporation in Seo-gu, Seo-gu. When investing funds, 1% of the monthly investment amount will be interestd and the profits generated from the business will be invested in KRW 200 million according to the profits. The Defendants prepared an investment agreement stating the above contents and issued it to the victim.

However, in fact, the Defendants were thought to use the money received from the victim for the purpose unrelated to the above construction work, such as using it as the deposit of civil procedure, allowing the customer to borrow, or consuming the money for the rent of a corporate vehicle, etc. In addition, the J Medical Care Center Corporation in the above I was in a state that it was unable to commence construction due to the failure to complete the consultation procedure with the owner of the building. Moreover, since its management has deteriorated, such as the increase in the outstanding amount while carrying out construction at the same time and the shortage of funds, even if receiving the investment money from the victim, there was no intention or ability to realize the investment profit by using it as the intended purpose.

Nevertheless, the Defendants conspired to induce the victim as above, and the Defendants received 188,000,000 won from the victim to June 19, 2013 as investment money on two occasions from June 17, 2013 to June 19, 2013.

Summary of Evidence

1. Defendant A’s legal statement

1. Legal statement of the witness H;

1. Protocol concerning the suspect examination of the defendant B by the prosecution;

1. Part concerning the statement made by the prosecution against the defendant A in the protocol of interrogation of suspect.