1. Around October 28, 2017, the Defendant made a false statement to the victim D, “When there is any damage, and the interest is paid with a mutual aid payment, the Defendant may also pay a mutual aid payment only with the interest that has been paid. The Defendant does not know about the mutual aid payment. The Defendant made a false statement to the effect that the mutual aid payment should be made in a normal manner.”

However, the Defendant had been running a multi-stage business from around 2006, and there was a situation where the Defendant borrowed money from those who had been running a multi-stage business, and thus, borrowed money from other creditors, and had no intent or ability to pay the transferred money even if there was a debt equivalent to KRW 2 billion and received the transferred money from the victim at the time of receiving the transferred money.

Defendant, from the victim on March 28, 2018, KRW 10,400,000, around March 28, 2018; and

4. A person was granted KRW 10,000,000,000 under the pretext of guidance around 30.0

2. On March 2018, the Defendant: (a) had no intent or ability to pay a fraternity, as prescribed in paragraph (1) of this Article; (b) by deceiving the victim and joining the successful bidder; and (c) received KRW 10,000,000 from the victim on July 23, 2018.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement regarding D;

1. Account details;

1. Application of trade-related Acts and subordinate statutes;

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

1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

1. The scope of recommendation [decision of types] according to the sentencing guidelines and there is no person who is less than KRW 100 million [the category 1] (the scope of recommendation field and recommendation range] and the basic area of recommendation [the scope of recommendation field and recommendation range], six months to one year and six months; and

2. The Defendant, who has rendered a sentence, recognized and reflected the offense.

The defendant shall receive a fraternity from the victim.