A defendant shall be punished by imprisonment for not less than one year and six months.

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

Punishment of the crime

"2013 Highest 4054"

1. On May 201, the Defendant, as the owner of the household, told the victim G to the effect that “If 100 million won is lent, 100 million won shall be paid a monthly interest and repaid 3 months later,” at the lot hotel coffee shop located in Busan Jin-dong, Busan.

However, at the time, the defendant was unable to repay his personal debt amounting to KRW 300 million to E without any specific property, and the defendant was liable for the total amount of money equivalent to KRW 100 million which has not been paid to all members while operating the fraternity, and even if he borrowed money from the victim, there was no intention or ability to repay it.

On May 6, 2011, the Defendant received 100 million won from the victim as the borrowed money through the bank account in the name of E on May 6, 201, and received or acquired money from the victim on five occasions in total from that time to April 25, 2012, such as the list of crimes (1) as shown in the attached Table of Crimes (1).

2. Around May 17, 2011, the Defendant organized a 'I' restaurant located in the Busan-gu Busan-gu H, 50 million won, 2.5 million won per month, 2.5 million won per month, and 21 units per month.

When the defendant received the payment from the members of the fraternity as a leader of the above fraternity, the defendant has a duty to pay 50 million won to the members of the fraternity who correspond to the designated sequence.

Nevertheless, the Defendant did not pay 50 million won to the above victim, which is the sequence designated to receive the fraternity from the members of the fraternity around December 17, 2012, in violation of the above duties, and did not pay 50 million won to the above victim, which is the sequence designated to receive the said date on January 17, 2013, and continued to take property benefits equivalent to 100 million won and sustained damages to the victim.

"2013 Highest 7348"

3. On September 20, 2010, the Defendant in breach of trust is 250,000 won per month at the “I” restaurant located in the Busan High-gu Busan High-gu H, and 500,000 won per unit.