Defendants shall be punished by imprisonment for ten months.

However, for two years from the date this judgment became final and conclusive for the Defendants.

Punishment of the crime

[criminal power] Defendant A was sentenced to 10 months of imprisonment for a crime of fraud and 2 years of suspended execution in the Jung-gu District Court Goyang Branch on January 30, 2015, and the above judgment was finalized on February 7, 2015. Defendant B was sentenced to 8 months of imprisonment for a crime of fraud at the Gwangju District Court on July 5, 2017 and 2 years of suspended execution, and the above judgment became final and conclusive on July 13, 2017.

【Criminal Facts】

Defendant

A is a person who actually runs the Co., Ltd. (hereinafter referred to as “Defendant Co., Ltd.”), and Defendant B is a person registered as the representative director of the Defendant Co., Ltd. and conducts a performance planning project with Defendant A.

On December 2011, the Defendants concluded a performance contract for the “F” contact organized by the E-university affiliated with the victim’s educational foundation D to proceed with the contact, leading to the Defendant’s awareness that they would acquire the contact diskettes from the victim.

On April 3, 2012, the Defendants stated that, within the H office located in Daegu North-gu University G, the victim’s employees in charge of the above contact, the Defendants stated that “The J card purchased the contact pocket 1,500 and divided it to the customers of Daegu-Gyeongbuk-do area, so that the Defendants would purchase the contact pocket 1,500 won and KRW 80 million.”

However, in fact, J cards did not have intended to purchase the above contact diskettes, and even if the Defendants received the contact diskettes from the victim, they did not have any intent or ability to pay the price of KRW 80 million.

Nevertheless, as above, the Defendants deceiving I and received 1,500 copies of the above contact diskettes from the victim.

As a result, the Defendants conspired to receive property from the victim.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each prosecutor's interrogation protocol against the Defendants

1. Statement of the police officer to I;

1. Investigation report (No. 3,5 No. 1)

1. Application of Acts and subordinate statutes on complaint forms, contact forms, contact sponsor agreements, electronic tax invoices, and deposit slips;

1. Relevant provisions concerning facts constituting an offense;