A defendant shall be punished by imprisonment for two years.

Punishment of the crime

Since 209, the Defendant had invested the performance fund in C, a public performance planning company run by C from around 2009 to the performance planning company, and had settled the profits with the above C, and had been able to recover the amount of his investment by borrowing money from a third party as if he had to pay a large amount of profits due to the performance in an uncertain situation where it is difficult to determine whether the performance fund has been accumulated and the amount of his investment has not been recovered.

Around February 21, 2012, the Defendant: “B is a director of the performance planning company; B has made a lot of profits by planning performances for five years; and B has invested a lot of money directly in the performance; and the proceeds of the performance can be paid out in a stable manner since the money to be used for the performance fund is immediately remitted from the human twitk sales price to the accounts; Before lending money, the Defendant would return the principal within one week after the public performance and separately pay the amount of 5 million won for investment every month under the name of 200,000 won for the purpose of planning the musical performance; B has borrowed KRW 95 billion from the Daegu Bank (Account Number) in the name of the Defendant; B has received money from the victim for the same purpose as “B has borrowed KRW 260,000,000 under the name of 96,000,0000,0000 from the public performance fund under the name of the Defendant; B has received money from the Defendant on May 25, 2012.

However, the performance planned by the defendant is accumulated from the first half of 201 to the public performance ticket sales team.