A defendant shall be punished by imprisonment for not more than ten months.

However, 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

Since about 20 years ago, the Defendant has operated a successful bid system by which 16 members of the total fraternity paid a certain amount of money every 15 months and deducted interest from the highest interest. However, while operating several successful bidders in the so-called return system as to the situation where it is difficult to operate the successful bid system more normally due to economic difficulties, the Defendant was able to obtain money from the victim B by means of false statement as if he can normally receive a normal amount of money from the victim B while operating several successful bid systems by means of return.

On February 8, 2018, the Defendant stated that “When the Defendant subscribed to a successful bid for the amount of KRW 30 million,00,000,000,000 to the victim B at the D cafeteria located in Young-si, the Defendant would pay a prize without molding,” the Defendant said that “if the Defendant subscribed to the D cafeteria with the amount of KRW 16,000,000 per month.”

However, as above, the Defendant has operated several successful bidders in a so-called way to prevent the return, and the members of the successful bidder who operated the successful bidder was not well recruited, and the recruited members did not pay the deposit money properly, and as the Defendant was a person of bad credit standing who has no property, there was no intent or ability to pay the deposit even if he received the deposit money from the victim.

As above, the Defendant, by deceiving the victim as above, was granted 3,9520,000 won over 24 times in total as shown in the attached Table, under the pretext of a deposit from February 21, 2018 to January 21, 2019.

Summary of Evidence

1. Defendant's legal statement;

1. Statement;

1. Application of Acts and subordinate statutes to the successful bid account book;

1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 of the choice of punishment (generally, choice of imprisonment);

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Articles 25 (1) 1, 31 (1), (2) and (3) of the Act on Special Cases concerning the Promotion, etc. of Orders for Compensation and Sentence of Provisional Execution;

1. Scope of punishment by law: Imprisonment with prison labor for a period from one month to ten years;