A defendant shall be punished by imprisonment for six months.

except that 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

1. Around August 30, 2007, the fraud Defendant stated that “The victim E (n, 54 years of age) should raise the deposit for the lease deposit,” and that “the money will be paid up to May 30, 2008 and pay the third-class interest per month, if the Defendant borrowed KRW 7 million.”

However, at the time, the Defendant did not have the ability to pay the amount of 40 million won according to the promise even if he borrowed money from the victim due to the failure of the party operated even though he had been responsible for the amount of 40 million won.

As above, the Defendant, as the victim, fraudulently verbally, received KRW 7 million from the victim at that time, thereby defrauding the victim.

2. Around January 2008, the Defendant at the F cafeteria located in Kimpo-si, Kimpo-si, Kimpo-si stated that the Defendant would faithfully pay 150,000 won per month to the victim if he was admitted to the gold fraternity organized by the party.

However, at the time, the Defendant, as above, was liable for the amount of KRW 40 million and was under circumstances where it was difficult for the Defendant to bear the interest of KRW 2.2 million which should be paid every month due to the failure in the operation of the bank. Therefore, even if the Defendant joined the fraternity and received the fraternity, he did not have the ability to pay the fraternity normally.

Around April 2008, the Defendant received a gold of three million won from the victim and acquired it by deception.

3. Around April 2008, the Defendant: (a) stated in the F cafeteria that “The Defendant will subscribe to the two accounts of the two accounts in which the time limit amount is KRW 10 million and monthly payment is KRW 2 million.” (b) If the Defendant had the Defendant receive the guidance money on KRW 2 and 3, the Defendant will faithfully pay the remainder of the guidance money.”

However, at the time, the Defendant was liable for a limited amount of 40 million won as above, as well as under circumstances where it was difficult for the Defendant to bear 2.2 million won interest interest to be paid every month due to a failure in the operation of the bank, and thus, the amount of the fraternity shall also be paid even if he was admitted to the fraternity and received the fraternity.