A defendant shall be punished by imprisonment for not more than ten 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. Around July 25, 2016, the fraud Defendant made a false statement to the effect that, within the “Ccafeteria restaurant” operated by the Defendant, the Defendant would pay the victim D KRW 2,310,000,000,000,000,000,000 to the 16,000 won and KRW 2,3255,00,000,000 per month, including interest on the 2,000,000 won per 17,000 monthly account.”

However, in fact, the Defendant subscribed his creditors to the above fraternity and paid the fraternity by the sequences, but was planning to operate the fraternity in an abnormal manner by which the Defendant paid the fraternity to the above creditors, and it was unclear whether the above fraternity was operated by the credit card loan because there was no particular property or income, and the credit card loan should proceed with the above substitute payment. Therefore, there was no intention or ability to pay the fraternity to the victim as above.

As above, the Defendant, as well as the Defendant, by deceiving the victim as above, received KRW 2,00,000 from the victim as an installment payment, from September 26, 2017, a total of KRW 30,000,000,000 from September 26, 2017.

2. The Defendant is a person who, from February 10, 2016, worked as a 10-day fraternity operated by Gyeyang E with the victim and was entrusted with the duties, such as the payment of the deposit and the receipt of the deposit from the victim.

The Defendant, around February 10, 2017, received KRW 20 million from the above E, KRW 4 million around February 13, 2017, KRW 4 million around February 14, 2017, KRW 4.9 million on February 14, 2017, and KRW 30.9 million on February 25, 2017, and embezzled the victim’s property under the pretext of the victim’s guidance, using all repayment of his/her personal debt around that time.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of each investigation report, each duplicate of passbook, and each statute on details of financial transactions;

1. Article 347 (1) and Article 355 (1) of the Criminal Act applicable to the facts constituting an offense;

1. The former part of Article 37 of the Criminal Act among concurrent crimes;