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 becomes final and conclusive.

Punishment of the crime

1. On March 2008, the Defendant: (a) stated that “The Defendant, in the clothes room operated by the victim D in Busan Young-gu, Busan Young-do, wanting to subscribe to the No. D operated by the victim D; and (b) even after the receipt of the guidance money, the Defendant changed the guidance money by the sequence that would continue to pay the monthly deposit money.”

However, in fact, the Defendant was in a state of no special property or income at the time of joining the order operated by the injured party, and the obligation arising from bonds, etc. reaches approximately KRW 80 million, and thus, there was no intention or ability to continue to pay the fraternity even if the Defendant received the fraternity by opening the order of priority operated by the injured party.

As such, the Defendant, by deceiving the victim, received from the victim on May 25, 2008, KRW 13.1 million on the pretext of guidance, KRW 13.3 million on July 25, 2008, KRW 13.4 million on August 25, 2008, KRW 13.4 million on September 25, 2008, KRW 13.5 million on September 25, 2008, and KRW 6.9 million on October 26, 2008, by receiving KRW 13.6 million on September 26, 2008 from the victim in cash.

2. The point of fraud by deceitation of the borrowed money;

A. On March 25, 2008, the Defendant, at the place indicated in paragraph (1) around March 25, 2008, provided that “I need to pay money to the victim for lease on a deposit basis that E needs to operate computer parts-related business, and will receive money from the victim.”

However, the facts are that the Defendant did not have any special property or income as stated in Paragraph 1 and bears a large amount of obligation, so even if he borrowed money from the injured party, he did not have any intention or ability to repay it.

As such, the Defendant, by deceiving the victim, received cash of KRW 10 million from the damaged person in the name of the borrowed money, i.e., the defrauded.

B. On May 6, 2008, the Defendant: (a) at the place specified in paragraph (1) around May 6, 2008, the Defendant was unable to receive the Defendant’s payment from the Defendant for a loan of KRW 200,000 per day.