A defendant shall be punished by imprisonment for one year.

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

Around May 2018, the Defendant made a false statement to the effect that “The payment of fraternity money on the 15th day of each month is to be made to the victim B, and the entire fraternity members are 20 and if the monthly deposit is made in 20 million won, it shall be made in accordance with the sequence.”

However, at the time, the Defendant had been responsible for considerable debts because the previous operation of the fraternity was difficult, and it was thought that the Defendant was used to pay the fraternity that he had been operated before, or used to pay the Defendant’s living expenses or personal debts, and the Defendant was unable to fully pay the fraternity from the members other than the victim, such as offsetting the Defendant’s interest on the Defendant’s obligations, so there was no intention or ability to pay the fraternity even if he received the fraternity from the victim.

Nevertheless, on June 17, 2018, the Defendant, by deceiving the victim as above, received two million won from the victim to the new bank account in the name of the Defendant, as well as from May 2018 to December 2019, the Defendant would pay the fraternity in accordance with the order of payment, even though he/she did not have the intent or ability to pay the fraternity, such as the attached Table 1 to 5, from May 2018 to December 2019.

In order to the effect that five victims would be forced to repay money on the date of the promise to repay the money, although there is no intention or ability to repay the money, they shall be obtained from the victims as a total sum of KRW 136,50,000,000 from the victims, and shall be obtained as a repayment or loan.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to B, C, D, E, and F;

1. Each deposit certificate, details of account transactions, investigation reports (Attachment to a detailed statement of deposit transactions), investigation reports (Attachment to a detailed statement of deposit transactions to be submitted to the C), details of deposit transactions, and investigation reports A.