If the defendant does not pay the above fine, KRW 100,000.

The defendant is the subject of the 10 million fake number system organized on March 20, 2018.

On May 9, 2018, the Defendant made a false statement to the victim C (n, 63 years of age) through B, stating that “If 1,340,000 won is paid in a one-time deposit, the Defendant will take up KRW 1,10 million on July 5, 2018,” and that “the Defendant shall take up the victim from the Defendant’s house located in Dongjak-gu Seoul Metropolitan Government D around the 20th day of the same month, at the Defendant’s house located in Dongjak-gu Seoul Metropolitan Government D.

5. Listening to the statement that KRW 1340,00 was paid, and the victim made a false statement to the same purport.

However, even if the defendant received the payment from the victim, he could not pay the payment because he did not have the ability or intent to operate the above system.

The Defendant, by deceiving the victim as above, received KRW 40,00,000 from the victim, total of KRW 1340,000 on May 9, 2018, KRW 1340,000,000 on June 5, 2018, and KRW 1340,000 on June 20, 2018.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s statement;

1. Details of transactions for entry and withdrawal;

1. In full view of the following circumstances acknowledged by the evidence duly adopted and examined by the court of this case, the Defendant’s conviction of the suspect interrogation protocol against the Defendant is recognized.

① In full view of the fact that there are many persons who received the fraternity even though the Defendant did not actually pay the fraternity due to the separate legal relations, and the Defendant could not prepare the amount equivalent to the fraternity and borrowed money from others, it is reasonable to deem that the Defendant did not have any intent or ability to operate the fraternity of this case.

② The Defendant alleged that he was paid the fraternity of KRW 1340,00 on May 9, 2018, but the Defendant was aware of who received the said money by account transfer.