Defendants shall be punished by imprisonment for six months.

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

Punishment of the crime

Defendant

B from around 2008, there was a debt equivalent to approximately KRW 23 million to Defendant A, and when the Defendant had failed to pay it properly, the Defendant offered that he will preferentially repay the said debt with the said money if he lent it to Defendant A as the contract price. The Defendant offered to Defendant A in response thereto.

Defendant

On October 2013, A made a false statement to the effect that “When Defendant B newly built a loan on three parcels outside the Seo-gu, Seo-gu, Busan Metropolitan City, with the loan of KRW 60,000,000,000 to Defendant B, it shall be repaid three months after the loan of KRW 60,000,000 to the victim, and if it is not possible, it shall complete the new building and sell F-D G at the office located in the Dong-gu, Seo-gu, Busan Metropolitan City.”

However, Defendant B did not have any other special property in bad credit standing, and as above, Defendant A was aware that Defendant B was not able to fully repay its debts due to the lack of economic ability, and Defendant A was also unable to fully repay its debts. As such, the intent was to use the amount equivalent to KRW 23 million out of the loans in the name of the construction cost as above for the collection of KRW 23 million against Defendant B. Thus, the Defendants did not have any intent or ability to use the entire amount for the purpose of the construction cost or to newly construct a loan or to repay the borrowed amount, even if the funds were borrowed from the victim.

Nevertheless, around October 14, 2013, the Defendants conspired to induce the victim as above and then transferred KRW 51 million to the Agricultural Cooperative Account (I) in the name of H, the son of Defendant B, as the loan money, from the victim, and Defendant B acquired KRW 51 million, and Defendant A acquired KRW 23 million.

Summary of Evidence

1. Defendants’ legal statement

1. Statement of police statement to C, H and J;

1. Sales contract, loan certificate, deposit certificate, certified copy of the register, and detailed statement of passbook transaction;

1. A report of investigation, submission of a check or a copy thereof;