Defendant

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

However, for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

[criminal record] On February 15, 2017, Defendant A was sentenced to a suspended sentence of 6 months of imprisonment for fraud at the Seoul Eastern District Court on December 1, 2017 and the judgment became final and conclusive on December 1, 2017.

[2] Defendant A is a person who actually operates Company G in Hongsung-gun F, Seoul Songpa-gu H 11, and Defendant B is the representative of the said Company I (hereinafter “I”).

1. On May 21, 2015, the Defendants jointly committed the crimes of the Defendants: (a) met the victim C at the said I Office; and (b) the Defendant Company A falsely stated that “on the basis of the guarantee amount of KRW 300 million and rent, the monthly profit of KRW 8% would be allowed to operate a business on the J Lestop site from the end of May 2015 to the end of the 10th J Lestop site, the 10th J. 2015; and (b) the Defendant B made a false statement to the effect that “on the basis of the domestic attorney-at-law, it is a certain contract.”

However, in fact, the Defendants were unable to pay the construction cost equivalent to KRW 1 billion to the construction business operator from November 201, 2014, and the construction business operator had been exercising the right of retention against the 10th floor of the H building from around November 2014, and the employees’ benefits were not paid properly, while there was no financing plan to repay the construction cost, and even if the Defendants were to receive money from the victims, they had no intent or ability to allow the victims to do so by resolving the lien issue on the date of promise.

The Defendants, as above, by deceiving the victim, received KRW 100 million from the victim to the K account under the name of the Defendant A as a deposit money.

2. Defendant A: (a) around July 26, 2016, at a “N” restaurant operated by the victim M in Sungnam-si L, Sungnam-si L, Defendant A, the victim of the “N” restaurant is making the victim a big amount of sand gathering business with the chairperson of the Red G in nature; and (b) the business is well-grounded; and (c) thus, the principal and interest of operating funds are loaned.