A defendant shall be punished by imprisonment for a term of one year and two 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

The defendant is a person who has worked as a main employee in a dan, and has joined the number fraternity operated by the victim B and paid a deposit money.

1. The Defendant: (a) around April 17, 2017, at a cafeteria located in Yeongdeungpo-gu Seoul Metropolitan Government, the monthly income of the Defendant is equivalent to an average of 2.5 million won; and (b) there is no other income; (c) even if the Defendant joined the number fraternity and was unable to pay the fraternity in full even if he did not first pay the fraternity, even if he received the fraternity, he did not have an intention or ability to pay the fraternity normally by the end of the payment, despite the Defendant’s failure to pay the fraternity, the Defendant: (a) “total amount of 26 accounts, monthly payment of KRW 1.2 million, KRW 3 million, KRW 370 million, KRW 1.367 billion, KRW 1.76181; and (b) the Defendant did not pay the fraternity amount from the following month to the end of the payment; and (c) even if he did not pay the fraternity, he did not pay the remaining amount by the end of the payment until the end of the payment.

2. In fact at the above restaurant on October 31, 2017, the Defendant did not have the intent or ability to pay the fraternity normally until the end of the payment even if he/she received the fraternity as above, even if he/she did not have the intent or ability to pay the fraternity, the Defendant: (a) opened one unit of accounts in the “numbering System of KRW 21,500,000 won per month, and KRW 10,000,000 per month,” which is operated by the victim B (in cases of a person who received a fraternity, he/she did not pay the fraternity every month; and (b) concluded that even if he/she did not pay the fraternity, he/she would normally pay the fraternity until the end of the payment, and (c) paid the fraternity by the victim on December 31, 2017, but paid the fraternity by the victim on November 31, 2018.