A defendant shall be punished by imprisonment for six months.

Punishment of the crime

[Criminal Power] On July 20, 2010, the Defendant was sentenced to a suspended sentence of one year for fraud at the Seoul Eastern District Court, and the said judgment became final and conclusive on July 28, 2010.

【Criminal Facts】

1. On July 2009, the Defendant obtained the loan money from a policeman on the early July 2009, the Defendant stated that “The Defendant would lend KRW 30 million to the victim E, who is the cause of the guidance that the Defendant was a leader, at the office of the Dtel located in Gwanak-gu Seoul Special Metropolitan City (Seoul Special Metropolitan City) on July 2009, and that “The Defendant would have paid the loan money by 50,000 won per day by adding interest to KRW 10 million per day.”

However, on November 2008, the Defendant: (a) organized and operated a fraternity in order to reduce the damage caused by his previous operation; (b) from around March 2009, the first class number guidance personnel did not pay the fraternity; and (c) in order to prepare a guidance amount to be reduced to the junior number guidance personnel after receiving the guidance amount, the Defendant would be given priority to the junior number guidance personnel by organizing a new system and by granting the first class number to the subordinate number guidance personnel; and (d) the Defendant was in need of the amount equivalent to KRW 10,000 per month due to the personal obligation interest, deposit money, living expenses, etc.; and (e) even if having borrowed money from the victim, the Defendant did not have any intent or ability to pay the fraternity or to repay the borrowed money as interest on a fixed date.

As such, the Defendant, by deceiving the victim, received 30 million won from the victim on the pretext of the loan, namely, the money borrowed from the victim, and acquired it by fraud.

2. On July 2009, the Defendant acquired funds from a police officer in the middle of July 2009, the Defendant stated that “The funds need to be funds to organize the 100 million foot system” to the victim at the same place as that of paragraph (1) of this Article from among the police officers in the middle of July 2009, the Defendant borrowed money to the victim at a low interest rate, and if he/she again lends money to B, he/she would have increased the interest rate of KRW 30 million.”

However, in fact, the defendant is as described in paragraph (1).