Defendant shall be punished by a fine of five million won.

When the defendant does not pay a fine, 10,000 won shall be converted into one day.

Punishment of the crime

【2016 Height114】

1. Around June 6, 2015, the Defendant: (a) stated that the Defendant would return the lease deposit after organizing the store for three days if he/she was immediately lent KRW 5 million to the victim at the D's clothes shop operated by the Defendant C at Yangsan-si, Yangsan-si.

However, around May 2014, the Defendant had been in arrears with interest payment of KRW 69.5 million borrowed from the victim while the sales of clothes operated by the Defendant was frightened, and the Defendant had been urged by the fraternity members organized and operated by the Defendant to pay the amount of KRW 100 million. Thus, even if the lease deposit was paid from the lessor, the Defendant did not have the intent or ability to repay the borrowed amount until the agreed maturity date.

The Defendant received 5 million won from the victim to the deposit account in the name of the Defendant on the same day.

Accordingly, the defendant was given property by deceiving the victim.

2. On July 20, 2013, the Defendant is the subject of the number system of KRW 23,40,000,000,000 organized in Yangsan-si C and KRW 21,000,000,000,000,000,000,000,000 account for the former account.

Since the Defendant received KRW 21.6 million from the members of the fraternity around December 2014, the Defendant was obligated to pay KRW 21.6 million to the victims designated as the recipients of the fraternity.

Nevertheless, the Defendant did not pay the amount of money to the victim in violation of his duties and consumed it for personal purposes around that time, thereby acquiring pecuniary benefits equivalent to the amount of money, and causing damage equivalent to the same amount to the victim.

[Judgment of the court below]

3. Victims E;

A. On December 29, 2014, the Defendant committed the crime committed on December 29, 2014, at Yangsan-si C and D clothes stores around December 29, 2014, the Defendant did not receive a new good because the Defendant did not deposit the price at the head office of the D clothes shop operated by the Defendant.

No more than one month shall lend money.