A defendant shall be punished by imprisonment for four months.

However, the execution of imprisonment shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

1. On May 20, 2013, the Defendant: (a) around the day of May 20, 2013, the Defendant subscribed to a fraternity for the payment of KRW 500,000 per month and KRW 600,000 per month before the Plaintiff received KRW 10,000,000 from the home of the victim D, Seoul Special Metropolitan City, Nowon-gu apartment, 110-dong 604, and KRW 604,000 per month to pay the fraternity.

“A false statement” was made.

However, the Defendant did not have any intent or ability to pay an amount equivalent to KRW 8 million without any particular property or income, and had any obligation to pay an amount equivalent to KRW 55 million, and even if he received an amount of money, he did not have any intent or ability to pay an amount of money in accordance with the promise made by the victim.

On June 20, 2013, the Defendant, by deceiving the victim as such, obtained the delivery of KRW 10 million from the victim under the pretext of the guidance around June 20, 2013.

2. On August 25, 2013, the Defendant: (a) at the location of the preceding port on August 25, 2013, the Defendant: (b) to the victim D, the owner of the vessel, “Before the 26 members of the vessel receive the guidance amounting to KRW 10,000,000 per month; and (c) after the receipt of the guidance amount, the Defendant will subscribe to the fraternity and pay the guidance amount to KRW 50,000 per month; and (d) to make the guidance amount to be paid every month.

“A false statement” was made.

However, the defendant did not have any intent or ability to pay the fraternity as agreed upon by the victim even if he received the fraternity as seen above.

On December 25, 2013, the Defendant, by deceiving the victim as such, obtained the delivery of KRW 10 million from the victim to the victim under the pretext of the guidance.

As a result, the defendant deceivings the victim and received a total of KRW 20 million over twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Entry of each police statement protocol with respect to D (including twice) and E;

1. Application of Acts and subordinate statutes stated in each investigation report;

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

1. The former part of Article 37 of the Criminal Act, Article 38(1)2 of the Criminal Act, and Article 50 of the Act on the Aggravation of Concurrent Crimes.