A defendant shall be punished by imprisonment for not more than ten 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

On March 16, 2012, the Defendant was sentenced by the Ulsan District Court to a two-year suspension of imprisonment for a crime of fraud at the Ulsan District Court on July 24, 2012, and the said judgment became final and conclusive on July 24, 2012. On November 8, 2012, the Defendant was sentenced to a two-year suspension of imprisonment for a crime of fraud at the same court on March 30, 2013, and the said judgment became final and conclusive.

Since around October 30, 2005, the Defendant: (a) caused the aggravation of self-sufficiency to cause about KRW 300 million; (b) paid interest to others; and (c) paid guidance money to members of other serial circles operated by the Defendant; (b) thus, even if the Defendant received guidance money from the victim, he was unable to express his intent or ability to pay the guidance money on the date of the guidance, and (c) was willing to receive money by fraud instead of paying guidance money to the victim C and D, which were operated before that date, by borrowing the money from the Defendant and stating that the Defendant would make payment along with the said borrowed money with the interest on the said borrowed money, even though he did not have any intent or ability to pay it on the date of the guidance.

1. On March 14, 2006, the Defendant made a false statement to the victim C that “on the face of a loan instead of receiving a fraternity payment, the Defendant would pay the interest on the second installment of each month in advance at the same time and make a repayment with the fraternity.”

As above, the Defendant, as well as the Defendant, by deceiving the victim as above, received KRW 30,00 from the victim around March 14, 2006, KRW 70,07,000 in total from around that time to October 31, 2008, as indicated in the list of crimes.

2. On January 29, 2008, the Defendant made a false statement to the victim D that “The Defendant would make a second installment of the interest on every month at the time of borrowing KRW 5 million and make a repayment with the fraternity.”

The Defendant, as above, was accused of the victim, and received five million won from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement related to C and D;

1. Data on each transaction and details of passbook transaction;

1. The complainant of the investigation report C.