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 becomes final and conclusive.

Punishment of the crime

1. Around February 16, 2009, the Defendant called the Defendant’s home located in Busan Shipping Daegu Cukdong No. 1, Busan Metropolitan City, to the victim D, which is the cause of the number system organized from February 2, 2007 at the Defendant’s home on February 16, 2009, saying, “I wish to pay interest on 20 million won per month and to pay money without fail, if I wish that I will use the amount of 63.1 million won from the other time.”

However, at the time of fact, the Defendant was in a bad credit position without any special revenue, and due to the failure of the fraternity members, such as E and F, to pay the deposit amount equivalent to KRW 30 million in the number fraternity to which the victim joined, it would be difficult to resolve the deposit amount paid by subordinate fraternity members in the form of a short term returning to the wind that the fraternity is not operated normally, or by the money temporarily raised by the Defendant, and there was no intention or ability to repay the loan to the victim otherwise.

Nevertheless, the Defendant, by deceiving the victim as such, paid the victim KRW 43,100,00 of the time limit money of KRW 63,100,000, and exempted the victim from the payment of the remaining KRW 20,000,000, thereby acquiring pecuniary benefits equivalent to the above money.

2. Around March 4, 2009, the Defendant made a false statement to the victim, stating that “A person who lends additional money to B shall also pay interest twice a month and shall pay the principal to B.”

However, at the time of fact, the real estate of the first floor A, which is the defendant's living in the state that the fraternity is not operated normally as above, has increased from KRW 150 million to KRW 360 million due to the loan of the financial institution continuously, etc., so there was no intention or ability to repay the loan to the victim.

Nevertheless, the Defendant, as such, deceiving the victim and received KRW 10 million from the victim, and around November 3, 2009, received KRW 20 million under the same name.