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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Punishment of the crime

[2015 Highest 2935]

1. Around May 2009, the Defendant: (a) around May 1, 2009, the victim C subscribed to a total of 16 old accounts operated by the victim C’s officetels located in the Gangnam-gu Seoul Metropolitan Government D building; and (b) from May 11, 2009 to April 5, 2010 as a leader.

However, even if the defendant received the fraternity, he was thought to pay the fraternity to which the defendant subscribed before, and there was no other property and there was no intention or ability to continue to pay the fraternity.

As such, the Defendant, by deceiving the victim, joined the fraternity on May 11, 2009, which is KRW 10 million, and then acquired KRW 7150,000 on August 6, 2009 and fraudulently acquired it from that time to May 7, 2010, as shown in the list of crimes in the attached Table, by obtaining a total of KRW 283,310,000 from that time.

[2015 Highest 4832]

2. On October 13, 2008, the Defendant against the victim E in the “G restaurant” located in Jongno-gu Seoul Metropolitan Government F around October 13, 2008, the fact is not capable of normally paying the fraternity payment due to a large amount of damages already occurred, and when receiving the fraternity payment, the Defendant was thought to have repaid the existing debt, but the victim E would have to pay the fraternity payment.

“After joining the number system consisting of 26 members of the fraternity by making a false statement, 20 million won was obtained from the damaged person by taking up the number system consisting of 26 members of the fraternity, 5 million won was obtained from the damaged person by taking up the number system No. 5 of February 13, 2009, 200 million won by the sequence No. 10 of July 13, 2009, 20 million won by the sequence No. 11 of August 13, 2009, and 20 million won was obtained by taking up the number system No. 17 of February 13, 2010, and then not paying the amount.

Summary of Evidence

[2015 Highest 2935: Facts No. 1 of the Decision]

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A copy of the division of the fraternity and a copy of the bankbook [the fact of judgment No. 2 in the Decision No. 2015: 4832];

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of the Acts and subordinate statutes of written complaint of E;

1. Criminal facts;