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 became final and conclusive.

Punishment of the crime

1. On December 10, 2008, the Defendant in breach of trust is the subject of a number map consisting of 11 15 million won in fakes organized at “C cafeteria” located in Gunsan-si B.

On October 10, 2009, the Defendant received KRW 15 million from the members of the said C cafeterias from the members of the said C cafeteria, thus, the Defendant was obligated to pay KRW 15 million to the victims of the C cafeterias, which was designated as the other members of the said C cafeteria on the same day.

Nevertheless, the defendant did not pay the fraternity money to the victim in violation of his duty and did not pay it to the victim without permission, and acquired property gains equivalent to 15 million won from the defendant's living expenses, etc. at the defendant's residence, etc. and caused property damage equivalent to the same amount to the victim.

2. On June 4, 2009, the defrauded made a false statement to the effect that “If the Defendant lends money to the victim D with an urgent need to pay the money, he/she would be able to repay the money at a time in a lump sum or withdraw another serial number in another serial number book.”

However, at the time, the defendant did not have any particular property or income, and even if he borrowed money from the victim in an economic difficult situation, such as a debt amounting to about 20 million won, there was no intention or ability to repay it according to the agreement.

As above, the Defendant, by deceiving the victim as above, was given KRW 5 million on June 4, 2009, KRW 20 million on December 29, 2009, KRW 25 million on January 26, 2010, KRW 2500,000 on five occasions, including one million on February 25, 2010, and KRW 12.5 million on February 27, 2010.

Summary of Evidence

1. A protocol concerning the suspect examination of the accused;

1. Application of Acts and subordinate statutes concerning D police statements;

1. Article 347 (1) and Article 355 (2) and (1) of the Criminal Act applicable to the facts constituting an offense;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., no history of criminal punishment);