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

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

Punishment of the crime

By July 2016, the Defendant stated that “Around April 2015, the Defendant would complete payment until September 2016, 2016, to the victim D, who is the cause of the fraternity, from the Defendant’s office located in Seocho-gu Seoul Metropolitan Government (Seoul Seocho-gu) B and C, that “A loaning KRW 20 million to B, which is due to the party’s membership, of KRW 20 million.”

However, in fact, the Defendant did not have any intent or ability to repay even if he borrowed money from the victim, such as the Defendant’s failure to pay the fraternity to the fraternity members, and the operating profit accrued from the fraternity was used to pay the fraternity.

Nevertheless, the Defendant, as above, by deceiving the victim as above, received the property by means of the Defendant’s immediate borrowing of KRW 20 million between the victim and the victim on May 26, 2015.

The facts charged are rhyd.

Summary of Evidence

1. Partial statement of the defendant;

1. The part among the interrogation protocol of the defendant by the prosecutor against the defendant

1. Statement by the prosecution concerning D;

1. Copy of an accounting book, and details of deposits in the account book;

1. A certificate;

1. Application of Acts and subordinate statutes to the investigation report (No. 5,8,9,10) (Evidence List No. 5,8,9,10);

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

1. The defendant and defense counsel under Article 62(1) of the suspended execution of the Criminal Act claim that the defendant and defense counsel have no fact of borrowing fraternity from the victim or deceiving the victim, as shown in the facts charged, by voluntarily organizing a system to assist the defendant in economic difficulties of other members such as the victim, etc.

Since around April 2015, 2015, 20 million fakes were formed with the purpose of financing funds to the defendant who is a large number of holders of the overseas systems.