A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Punishment of the crime

On October 2014, the Defendant is an owner of a number system (50 million won per month, and 27th day of every month) composed of 25 old units around 2014. A victim C is a person who paid KRW 3,570,00 per month, with 1/2 old units of No. 9 of the above number system (the maturity of June 2015) and 1/2 old units of No. 21 of the net time (the maturity of June 2016) and 22 old units of No. 22 (the maturity of July 2016).

The defendant did not have any reason to collect any more of the above numbers of accounts because D, E, and F, etc., a cause for the guidance was not paid on September 2015 while operating the above number system, and thus, did not have any reason to collect any more of them. The defendant did not have any intent or ability to pay the guidance in the order of the victim even if he/she received the payment of the fraternity from the injured party by reaching the total amount of KRW 200 million.

Nevertheless, the Defendant did not notify the victim of the destruction of the above number system and received 3,570,000 won from the victim’s account (G) around September 30, 2015, from the victim as if he had been operating normally, and received 3,570,000 won from the victim’s name bank account (G) around September 30, 2015, and received 1,418,00 won in total five times from around that time to February 29, 2016, and acquired the victim’s property by receiving 1,418,00 won from the victim’s property.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness C;

1. Statement made by the police with H;

1. Each written confirmation by I and J;

1. Application of Acts and subordinate statutes on remittance details, each investigation report (not more than 18 pages, not more than 80 pages, not more than 80 pages), list of members of the fraternity, and data on assessment of age;

1. Relevant Article 347 of the Criminal Act, the choice of punishment for the crime, Article 347 (1) of the Criminal Act, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing disadvantageous to Article 62-2 of the Social Service Order Criminal Act: A normal situation in which the amount of defraudation is not significant: The punishment is ordered as ordered by taking into account all the above circumstances, the defendant's age, sexual conduct, environment, relationship with the victim, circumstances leading to the crime, etc.