A defendant shall be punished by imprisonment for six 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. On January 2012, the criminal defendant against the victim B made a false statement to the victim B, stating, “Aberter shall lend KRW 3 million as it is necessary to repair the ship due to an accident on board,” to the victim B, who borrowed money. The criminal defendant shall pay KRW 1 million per month if he/she lends money.”

However, the defendant's monthly income is an average of 1.7 million won, and there is a debt equivalent to 30 million won per month at the time of borrowing, and there is a need to pay an interest equivalent to 1.0 million won per month, so even if he/she borrows money from the victim, he/she thought that he/she will use it as living expenses, not cost of delivery and repair, and there was no intention or ability to pay one million won per month.

Accordingly, the Defendant deceiving the victim as above and received KRW 2 million from the victim, namely, from the victim who was in his/her possession, as the borrowed money, and obtained KRW 1050,000 from the deposit account in the name of the Defendant on April 21, 2012 and acquired KRW 3050,000 in total.

2. On February 25, 2012, the Defendant against the victim D made a false statement to the victim D, “The 13 members of the fraternity operated by the party shall pay 1.5 million won per week, and shall be paid 1.8 million won per week after the receipt of the fraternity. The Defendant would make a false statement to the victim D, stating, “The 1.5 million won per week will be paid, and the 1.8 million won per week will be paid continuously. The Defendant would make a monthly payment to receive the fraternity.”

However, the defendant's monthly income is at the average of 1.7 million won, and there is a debt equivalent to 30 million won per month at the time of borrowing, and there is a need to pay the interest equivalent to 1.0 million won per month, so even if he/she has joined the number system operated by the defendant and received the fraternity, he/she did not have the intention or ability to pay the monthly installments of 1.8 million won continuously.

Accordingly, the Defendant, as seen above, by deceiving the victim, obtained KRW 18.5 million from the victim as the guidance money on March 25, 2012, and acquired it by fraud.

Summary of Evidence

1. Defendant's legal statement;

1.With respect to B and D, respectively.