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

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

Punishment of the crime

1. Around October 2012, the Defendant stated that “The victim E lends 10 copies of interest from the present other persons, and if you lend 20 million won to the victim E, the Defendant would pay the interest on the fifth part of each month and make full repayment by December 7, 2012.”

However, in fact, the Defendant did not have any intent or ability to repay, even if he borrowed money from the victim, since he did not have any intent or ability to repay the accumulated debt in excess of KRW 40 million, and even if he borrowed money from the victim, he did not have any intention or ability to repay it.

The Defendant received the remittance of KRW 19 million from the victim around October 15, 2012, and received KRW 47 million on November 7, 2012 from the victim.

Accordingly, the defendant was given a total of KRW 23.7 million by deceiving the victim.

2. On October 2012, the Defendant, within the main point of G G, operated by the Defendant located in the Hahnbuk-gun F, the Defendant concluded that “If the Defendant subscribed to the order No. 1 and No. 3 on the order in which the party is situated, the Defendant would faithfully pay the fraternity every month after receiving the fraternity money. There is no problem at all in paying the fraternity money.”

However, in fact, the Defendant did not have any intention or ability to pay the fraternity even if he received the fraternity, since the obligation has been accumulated as above.

The Defendant received a remittance of KRW 6 million from the victim around October 22, 2012.

Accordingly, the defendant was delivered 6 million won by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement to E and H

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62(1) of the Criminal Act reflects the Defendant’s wrongness and victim E.