A defendant shall be punished by imprisonment with prison labor for up to 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

The defendant is the subject of an order of 10 million won, organized by around February 15, 2017, and the victim is the member of the above order.

Around February 15, 2017, the Defendant made a false statement to the effect that “D” located in Gangnam-gun, Gangwon-do, would deliver KRW 625,000,000 to the victim B for a total of 15 times per month when joining a fraternity operated by the Defendant and paying KRW 625,00,000 per month.”

However, the Defendant had, at the time of committing the crime, a debt exceeding KRW 70 million without any special property. The Defendant paid interest exceeding KRW 3 million every month due to the said debt, or offseted the Defendant’s payment of the fraternity that was made by the members of the fraternity, and the Defendant was operating the system by the so-called “commencing” method that the Defendant was paying other fraternitys already operated. Thus, even if the Defendant received the fraternity payment from the victim, it was considered to be used as the Defendant’s personal debt or the previous fraternity payment, and there was no intention or ability to pay the fraternity by operating the normal system.

Around March 15, 2017, the Defendant, by deceiving the victim as above, received KRW 625,00 from the Nonghyup Bank account under the name of the Defendant to the account of the Defendant, and acquired property profits by offsetting KRW 7,500,000 in total from the victim under the pretext of a deposit in the attached crime list from February 2, 2018, as shown in the attached list of crimes, or by offsetting the interest of the loan to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Application of Acts and subordinate statutes to the details of transactions in each account, list of fraternitys, investigation reports (verification of details of payment of fraternity deposits), investigation reports (related to payment of fraternity deposits);

1. Relevant Article 347 (1) of the Criminal Act and the choice of punishment for the crime;

1. Article 62 (1) of the Criminal Act;

1. Order of community service;