A person shall be punished by imprisonment with prison labor for not less than six months for a crime of No. 2 in the judgment of the defendant, and imprisonment with prison labor for not more than six months.

(b).

Punishment of the crime

1. On December 9, 2010, the Defendant was sentenced to the suspension of the execution of four months of imprisonment for fraud in the Daejeon District Court’s Incheon District Court’s Branch for the purpose of fraud, and the judgment became final and conclusive on December 17, 2010.

On March 2008, the Defendant made a false statement that “The Defendant would organize 20-day system to the victim’s 20-day system, and to pay 200,000 won around October 21, 2009, which is the sequence No. 20 and No. 21, and KRW 25,70,000,000,000 around November 2009, which is the sequence No. 20 and No. 21.”

However, at the time, the Defendant was in a considerable amount of the obligation to compensate for the members of the fraternity organized prior to G, including KRW 80 million, and KRW 50 million for H, while the Defendant was in a situation where there was no particular revenue or property and it was extremely difficult to repay this amount due to the lack of any other revenue or property, the Defendant cannot expect that he would receive the payment of the fraternity normally from the members because he was planning to join the fraternity in his own and his obligation to offset the said amount by the said amount of obligation or not receiving the payment of the fraternity, and therefore, he could not expect that he would receive the payment of the fraternity normally from the members. In the end, since it was impossible to pay the fraternity from February 2009 to the members of the fraternity, even if he received the monthly payment from the victim, there was no intention or ability to pay the fraternity in the sequence of the victim.

Nevertheless, as the accounts are being operated normally, the Defendant, by deceiving the victim as if the accounts were being operated normally, received from the victim a total of KRW 38 million per month from March 21, 2008 to September 21, 2009, in total of KRW 200,000 per month.

2. On May 24, 2012, the Defendant requested I to prepare and deliver a confirmation document stating that “the detention is not good” at the office of the attorney-at-law in the Dong-gu, Nam-gu, Chungcheongnam-gu, Seoul, the Defendant made payment of KRW 2,00,000 on the ground of the second unit of the 2nd unit of the Saemaeul.