A defendant shall be punished by imprisonment for not less than eight months.

except that 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. The Defendant was continuously operating the numberer since 2005, and the victim C was a person who paid money in the name of his/her parent D in the numberer system operated by the Defendant.

On April 30, 2007, at a place where a location is unknown, the Defendant made a false call to the victim C to the effect that “In addition to KRW 200,000,000 for the limit of KRW 24,80,000,000 for each month, the Defendant would make a monthly interest, and the principal will be paid whenever he/she talks only before one month.”

However, in fact, the Defendant did not pay 40 million won or more at the time and did not pay 40 million won or more, so even if he borrowed money from the victim, he did not have any intention or ability to do so.

Nevertheless, the Defendant, by deceiving the victim as such, received KRW 25 million from the victim for the same day as the borrowed money.

B. On June 30, 2009, the Defendant, by deceiving the victim by means of the same method as Paragraph (a) on the same day, received KRW 25 million from the victim as a loan.

C. On April 30, 2010, the Defendant, by deceiving the victim by means of the same method as Paragraph (a) on the same day, received KRW 20 million from the victim as a loan.

2. On July 30, 2009, the Defendant in breach of trust is the subject of a number of 26 foot 26 pages organized by the Defendant’s house located in the third floor, Nam-gu, Incheon, Nam-gu, Incheon.

On August 30, 2011, the Defendant received KRW 8.3 million from the fraternity members from the Defendant’s house on August 30, 2011, and therefore, the Defendant had the duty to pay the fraternity to C, which was designated as a different fraternity members on the same day.

Nevertheless, the defendant did not pay the amount of money to the victim in violation of his duties and consumed the amount of money to be paid to the members of another fraternity organized by the defendant on the same day, thereby acquiring the pecuniary profit equivalent to KRW 8.3 million, and causing the loss equivalent to the same amount to the victim.