Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

1. The Defendant organized and operated the number system of KRW 10,00,000,000,000 around September 27, 2012, 21 accounts, and 50,000,000 won monthly payment, and the victim B was a member of the above number system 6, and 15,000 won.

Around October 27, 2013, the Defendant, even if the above number fraternity was dispatched and received a monthly payment from the victim, did not have the intent or ability to pay the money by the sequences of the victim. However, the Defendant deceptioned the victim as if the victim concealed the above fact and was normally operated by the number fraternity, and then, the Defendant received one million won from the Defendant’s bank account in the name of the Defendant around October 28, 2013, from that time to March 27, 2014, by remitting the total of six million won, as shown in the annexed list of crimes, from that time, until March 27, 2014.

2. On August 10, 2013, the Defendant concluded that “A business that pays 10% of the investment amount to the victim D is a business that pays 10% of the investment amount, and the Defendant borrowed 500,000 won as it intends to make an investment, and if so, the Defendant would pay interest of 250,000 won per month and pay the principal up to March 10, 2014.”

However, in fact, the Defendant had the intention to pay monthly rent and pay other debts, etc. from the beginning. Since the Defendant had already been in excess of his/her obligation, there was no intention or ability to pay the above amount even if he/she received the said money from the victim.

Nevertheless, the Defendant acquired 5 million won from the victim to the Korean bank account in the name of the Defendant on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of police statement concerning B and D;

1. The loan certificate;

1. Application of the Acts and subordinate statutes on transactions of passbooks;

1. Article 347 (1) of the Criminal Act and Article 347 (1) of the same Act concerning the applicable criminal facts, the selection of fines;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;