A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

The Defendant became aware of the victim E, F, and G while taking lectures about the auction of real estate at D Private Teaching Institutes with interest on the actual operator of C, a corporation established for the purpose of real estate leasing business, etc.

On March 201, the Defendant sent to students, including victims, with the opportunity to gather money and receive money at auction. On March 201, the Defendant would make profits equivalent to 20-25% within the period of 5-6 months and less than one year.

At least 20% of the rate of return agreed to acquire auction goods with money from 12 students, including victims, and to distribute proceeds by selling them.

Accordingly, the Defendant received KRW 140 million from the victim F on April 1, 201; KRW 30 million on June 29, 2011; KRW 20 million on June 30, 2011; KRW 30 million on March 28, 2011 from the victim E; KRW 30 million on June 27, 2011; KRW 140 million on June 3, 2011 from the victim G to the bank account in the name of the above C, and received KRW 12 million on June 29, 201, and acquired the remainder of the building at the time of auction using approximately KRW 350,000,000 from the said money; KRW 200,000 on the land at the time of the auction; KRW 350,000 on the land at the time of the above auction; KRW 21,200,000 on the land at the time of the auction.

As above, since the defendant acquired funds from 12 victims, etc. and disposed of the auction goods of this case, and distributed profits therefrom, the defendant had a duty to generate profits and settle profits from the auction goods of this case for the victims.

Nevertheless, the Defendant violated his/her duties and borrowed 250,000,000 won from I in relation to other business issues, to pay the personal loans.