A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

The Defendant did not have a certain income as a leading owner, and there was no particular property including 200 million won of personal debts. The Defendant did not have the intent or ability to normally pay the transferred money even if the victim C (n, 57 years of age) was admitted to the fraternity and received the transferred money from the fraternity. The Defendant did not have the intent or ability to pay the transferred money even if it was borrowed from the victim.

1. On July 13, 2011, the Defendant concluded that “When subscribed to the fraternity, the Defendant would provide the time limit for payment on the designated date” in Article 301 Dong 2701, Namyang-si, Namyang-si, the Defendant received KRW 902,00,00 from the victim for ten times as shown in the annexed crime list, from July 27, 201 to September 28, 201.

2. On September 20, 201, the Defendant, at the place indicated in paragraph (1) around September 20, 201, falsely stating that “The Defendant would provide other members of the community with interest of KRW 500,000 per month if he/she lends money to other members of the community,” and received KRW 20 million from the victim, i.e., at the victim’s seat, for a loan.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of suspect interrogation of the accused by the prosecution (such as circumstances in which the members of the fraternity operated by the accused failed to pay the fraternity properly) and statement in C thereof;

1. Statement of the police statement regarding C;

1. Statement of the complainant;

1. Application of Acts and subordinate statutes to materials submitted by complainants and complainants;

1. Article 347 (1) of the Criminal Act applicable to the crimes under relevant Articles of the Criminal Act;

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

1. The scope of a suspended sentence under Article 62 (1) of the Criminal Act (see, e.g., the agreement with the victim, and the absence of a previous conviction): It shall be decided as per the disposition on the grounds of a month to one year;