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

On November 2, 2011, the Defendant stated to the effect that “Around November 2, 2011, the Defendant organized the victim E a system of KRW 100 million, KRW 500,000,000, and KRW 20,000,000,000,000,000,000,000 each month, and paid an amount to KRW 7.5 million shall be paid to the victim E”.

However, in fact, from 2010 to 2010, the Defendant provided several numbers without any particular property and provided money due to a shortage of operating funds, provided first loans to the new amount of fraternitys, and operated the system by the so-called return prevention method, such as offsetting the credits on the fraternitys by joining a new fraternity and offsetting the credits on the fraternitys. The Defendant also did not have any intent or ability to pay the fraternitys normally even if he received the fraternitys from the members of the fraternity, including the 14 accounts of the fraternity operated by the Defendant, the 7 accounts of the other fraternitys, and the 100 million won of the monthly payment.

Nevertheless, the Defendant, by deceiving the victim as above, received a transfer of KRW 30 million, including KRW 7.5 million on November 2, 201, KRW 7.5 million on November 30, 201, KRW 7.5 million on November 30, 201, KRW 7.5 million on January 2, 2012, and KRW 7.5 million on February 1, 2012, from the victim for the purpose of transferring money.

Summary of Evidence

1. Partial statement of the defendant;

1. Each prosecutor's protocol of examination of part of the accused (including the E substitute part);

1. Statement to E by the police;

1. The name order of the fraternity and the F-related promissory note, the list of members of other fraternitys, the details of transactions in the accounts of national bank, the business registration certificate, and the certificate of fact for tax payment;

1. Application of Acts and subordinate statutes to each investigation report (to hear statements by telephone fromG, H and F);

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. The defendant is guilty of Article 62(1) of the Criminal Act and the reason for sentencing.