A defendant shall be punished by imprisonment for a period of five months.

Punishment of the crime

The defendant is a relative who does not live together with the victim B.

When the Defendant joined the number limit (3 old units and 40,000 won per unit, 80,000 won per unit, and 2,000,000 won per month) operated by Doin C, and paid the fraternity, on May 2014, and the Defendant paid the fraternity to the victim and the injured party for the old units No. 40, out of the number limit of operation C, and paid it to the Defendant, the Defendant shall pay it to the other party (in 1,00,000 won for the original unit, 40,000 won for the entire unit of 40,000 won, but 2,00,000 won for the first unit of 40,000 won). The Defendant received the money from the damaged party and paid it to C with the previous unit of accounts No. 3, and paid it to the injured party.

From April 2015, the Defendant was unable to pay the amount of money for the three old accounts due to the aggravation of the financial status of the Defendant. As a result, even if the Defendant paid money under the pretext of the old accounts 40 times from the injured party, the said money is considered to have already been paid the money for the old accounts 3 times between the other parties, and the victim is not able to receive the money for the last time.

In such a case, although the defendant had a duty to notify the victim of the above contents under the good faith principle, the defendant did not notify it, and continuously did not receive money from the victim under the pretext of money payment.

Ultimately, the Defendant, by deceiving the victim in a way that the victim did not fulfill the above duty of disclosure, received KRW 90,000,000 under the pretext of deposit in the bank account in the name of D on April 17, 2015 from the victim, and received KRW 12,38 from the above day to July 18, 2017, in total, 27 times as shown in the [Attachment] list No. 12 to 38.