Defendants shall be punished by imprisonment for six months.

However, as to the defendants, two years from the date of this judgment became final and conclusive.

Punishment of the crime

Defendant

B From December 2005, a person who leased and operated a restaurant located in Namyang-si D, and Defendant A was working in the above restaurant; Defendant B leased the above restaurant around September 2014; Defendant B received 5 million won from E and transferred all the facilities and rights of the above restaurant to E; Defendant A paid 800,000 won monthly rent from E without a deposit.

The Defendants, among them, worked at the above restaurant on October 22, 2014 as employees of the above restaurant.

F said, “A victim G, the husband of F, who transferred all rights, such as telephone and equipment of a restaurant, shall be entitled to KRW 15 million under the name of a deposit and premium.”

However, in fact, Defendant B had already transferred all rights such as restaurant fixtures to E, and there was no right to the above restaurant, and Defendant A was well aware of such fact.

The Defendants conspired as above to deception the victim and then received a total of KRW 15 million from the victim, including KRW 5 million on October 22, 2014, and KRW 15 million on October 31, 2014.

Summary of Evidence

1. The Defendants’ respective legal statements

1. Witnesses G and E respective legal statements;

1. Some statements concerning the Defendants in the suspect interrogation protocol by each prosecution

1. The first written protocol concerning the suspect interrogation of the police against the defendant A;

1. Complaint;

1. Application of Acts and subordinate statutes to sublease a sublease contract, a restaurant transfer certificate, receipts, and a statement of bank transactions;

1. Relevant legal provisions and the Defendants’ choice of punishment concerning criminal facts: Articles 347(1) and 30 of the Criminal Act; and the choice of imprisonment

1. The defendants on probation: Determination as to the defendants and their defense counsel under Article 62 (1) of the Criminal Code

1. The Defendants and the defense counsel in the summary of the assertion did not intend to commit the instant crime, and Defendant A had already been transferred to E at the time when the Defendants were to receive KRW 15 million from the injured party.