A defendant shall be punished by imprisonment for six 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

From December 27, 2012, the Defendant recruited 10,000 won each jointly with the victim B from around December 27, 2012, and paid a total of 20,000 won each month to 50,000 won, but the fraternity who received the guidance money has operated the number system in such a way as to pay 60,000 won from the following month (the fraternity recruited by the Defendant received the guidance money from the number of odds and the number of fraternitys recruited by the victim).

A. On August 23, 2013, the Defendant: “Around March 23, 2013, at the victim’s office located in C, the Defendant prepared a loan certificate that “I would be able to receive the payment first, because I would urgently require D to withdraw the payment,” and that I would be able to receive the payment until March 30, 2014, which is the 15th payment date.

However, the defendant did not receive a request for the advance payment from the 15th member, and the defendant was expected to use the money borrowed from the victim, and there was no intention or ability to complete the payment until March 30, 2014.

Nevertheless, the defendant deceivings the victim as above and acquired 5 million won in cash from the victim, i.e., by borrowing money from the victim.

B. On November 4, 2013, the Defendant prepared a loan certificate to repay the amount to the victim up to May 30, 2014, which is the 17th fraternity payment day, to the effect that “The Defendant would be able to receive the payment first because E would urgently require the payment.”

However, the defendant did not receive a request for the advance payment from the 17th member, and the defendant was expected to use the money borrowed from the victim, and there was no intention or ability to complete the payment until May 30, 2014.

Nevertheless, the defendant deceivings the victim as above and acquired 5 million won in cash from the victim, i.e., by borrowing money from the victim.

Accordingly, the defendant deceivings the victim and defrauds the total of KRW 10 million.

2. Breach of trust.