However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

On April 2016, the Defendant stated that “If there is a 21 unit number system operated by C and one million won is paid for each month, the Defendant may receive the amount of KRW 20 million later.” Moreover, the Defendant stated that “The Defendant will deliver the money to C as a unit payment to B, who is an owner of the instrument.”

However, the Defendant, at that time, had a claim amounting to approximately KRW 150 million with respect to C, which is the owner of the fraternity, and was unable to receive interest from C, even if he received money from the victim under the name of the deposit money, he only intended to use the money for the repayment of the claim and for personal purposes such as living expenses. Therefore, even if he received money from the victim under the name of the deposit money, he did not intend to deliver it to C as the deposit money.

As above, the Defendant was transferred KRW 2,000,000 from the victim to a bank account under the name of the Defendant on April 20, 2016 under the pretext of the deposit in March and April 2016.

In addition, the Defendant, from that time until October 8, 2017, deceiving the victim as if he were to deliver money to C under the pretext of paying cash over 25 times as shown in the attached list of crimes, and then received from the victim the total sum of KRW 19,000,000 under the name of the Defendant’s bank account under the name of the Defendant.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement by the prosecution against C;

1. The police statement concerning B;

1. Data for the payment period of the deposit amount in the number fraternity, and details of each remittance account;

1. The provision of financial transaction information and the details of the account (A, E);

1. Application of investigation reports (Analysis of Details of account transactions by a suspect), account details (A), and Acts and subordinate statutes;

1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 of the choice of punishment (generally, choice of imprisonment);

1. Article 62(1) of the Criminal Act: