A defendant shall be punished by imprisonment for not less than eight months.

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

Punishment of the crime

1. Fraud related to the successful bid amount;

A. A. Around 2011, the Defendant, as two members of the successful bid field operated by the Victim C, failed to pay the payment of the payment of the payment of the payment of the payment of the payment of the time limit through two times, and the payment of the payment of the payment of the payment was reached KRW 10 million on May 2013, and the interest of KRW 100 million on the financial institution, etc. was not fully repaid to the financial institution. In order to temporarily resolve the serious problem, the Defendant subscribed to another successful bid field operated by the victim C to receive the payment of the payment of the payment.

Accordingly, around May 20, 2013, the Defendant subscribed to the award system of KRW 40,000,000 for a fraternity operated by the victim, KRW 40,000,000 for a fraternity deposit, and KRW 1,000,000 for a fraternity deposit immediately thereafter, the Defendant was awarded 28,120,000 for an amount calculated by deducting interest from the victim’s advance payment, when the Defendant’s successful bid is awarded at the “E” restaurant operated by the Defendant in Busan Jung-gu, Busan, as if he would normally pay interest 9.488,00 for the future.

However, in fact, the Defendant did not fully repay the interest of KRW 100 million on the debt of financial institutions, etc., and was expected to receive the successful bid payment, and most other accounts were expected to repay the unpaid payment, and there was no intention or ability to pay the contingent payment even if the Defendant received the successful bid payment from the victim due to no particular income or property.

The Defendant, by deceiving the victim as above, obtained 28,120,000 won from the victim as the successful bid payment on the same day.

B. On June 20, 2013, the defrauded Defendant against the victim F requested the guarantor who is required to guarantee the advance payment in receiving the advance payment from the above “E” restaurant, and then requested the victim to provide the guarantee from the guarantor who is required to guarantee the advance payment.

On the other hand, the payment of the fraternity shall be made in advance and shall be made in the future.