A defendant shall be punished by imprisonment for 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

Since around 2004, the Defendant has operated the inner name number system (the order of payment of the fraternity according to the order of set up and the order of payment of the fraternity plus the higher interest) against the branch.

The Defendant, while operating the number fraternity as above, paid the amount of the fraternity by lending money from the persons around the world because some of the members of the fraternity failed to pay the fraternity money after the payment of the fraternity money. On August 2016, the Defendant borrowed money from the members of the fraternity in order to restore the fire to the wind that he operated and to compensate for business losses, and operated the fraternity in the form of lending money from the members of the fraternity in order to recover it from the wind and to compensate for business losses. Therefore, even if the number fraternity is continuously operated, the Defendant did not have the intent or ability to pay the fraternity normally to the members of the fraternity.

Nevertheless, on May 2017, the Defendant, in order to continue to operate the system and to pay his/her debts and interest, again organized the number system and operated the system normally to the members of the system, and by receiving money from the members under the name of the fraternity for the payment of the fraternity, he/she had been able to operate the system in the manner of a referring to the word “commencing”.

Therefore, at a place where the location is unknown on May 2017, the Defendant concluded that “If the Defendant subscribed to the monthly payment of KRW 3 million and the monthly payment of KRW 30 million, it would put the payment in the last sequence of the day to the victim B.”

However, the defendant did not have the intent or ability to pay the above fraternity.

As such, the Defendant, by deceiving the victim, received KRW 3 million from the victim under the pretext of the deposit of accounts at the end of June 2017, from the victim, via the agricultural bank account, etc. under the name of the Defendant, and received KRW 3 million each month from that time until February 2018, and received KRW 27 million in total from the victim as the deposit of accounts, from that time until February 2018.

Summary of Evidence

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