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. On November 16, 2008, the Defendant in breach of trust organized the successful bid system of 26 foot 10 million won in the C cafeteria located in Dongdaemun-gu Seoul, Dongdaemun-gu, and agreed to receive KRW 10 million in total over 25 times from 25 members of the fraternity per month from 25 members of the fraternity.

The Defendant, as a leader, managed the fraternity, and operated the fraternity by receiving a request from the fraternity who wanted to receive the fraternity prior to the delivery, and paid the fraternity. The victim D was designated as the fraternity on October 16, 2010, and it was 20,500,000 won to receive the fraternity. Thus, the Defendant had the duty to pay the fraternity 20,50,000 won at the designated date to the victim.

Nevertheless, on October 16, 2010, there is no money to be paid in the wind to pay a short amount of money while operating other communities at the above restaurant, and thus, the Defendant did not pay 20,500,000 won to the victim D in violation of his/her duties, thereby obtaining economic benefits equivalent to the amount of money and suffered economic losses to the victim.

2. Fraud;

A. On August 20, 2009, the Defendant stated, “On August 20, 2009, the Defendant issued to the victim D the said restaurant, stating, “When paying a deposit of KRW 800,000,000 per month, it would make the said deposit out by setting the sequences.”

However, in fact, since the Defendant had failed to receive the payment from the members of the fraternity in the course of operating a majority of the fraternity from around 2005, the Defendant paid the payment of the fraternity by means of the deposit or loan from the members of the other fraternity. Accordingly, the Defendant had no intention or ability to operate the fraternity so as to avoid the payment of the fraternity even if it had already been promised to receive the payment of the fraternity from the victim.

Nevertheless, the Defendant, as above, by deceiving the victim as above, received KRW 12.8 million from August 20, 2009 to November 16, 2010 from the victim as a deposit money.

B. The Defendant was the victim at the above restaurant on April 7, 2010.