Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

On January 2012, the Defendant made a false statement to the effect that “The Defendant, from this point of view, took place 20 guidances by properly recruiting the members of the community and leading them to the victim C,” and that “The Defendant, from this point of view, entered the new community.”

However, among the members of the above fraternity, D and E refused to join and were in the shortage of the members of the fraternity, and the defendant did not properly pay to the members of the fraternity the amount of a separate 50 million won number book operated by the defendant, and there was no intention or ability to operate the above fraternity properly or return the amount of the fraternity even if the defendant was paid the amount of the fraternity from the victim.

Nevertheless, the Defendant: (a) by deceiving the victim as above; (b) obtained 3 million won under the pretext of the deposit of accounts from the victim around February 10, 2012; and (c) obtained 3 million won under the same name as of March 10, 2012, and acquired 6 million won in total.

Summary of Evidence

1. Defendant's legal statement;

1. C’s legal statement;

1. Statement of examination of the witness to the F;

1. Some statements of the suspect examination protocol of the defendant by the prosecution;

1. Statement to C by the police;

1. The life group of members of the fraternity;

1. Application of Acts and subordinate statutes to investigation reports (preparation of subscription number, repreparation of subscription number, failure to verify suspect, etc.);

1. Article 347(1) of the Criminal Act applicable to the relevant criminal facts and Article 347(1) of the choice of punishment (generally, choice of fines);

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Article 32(1)1 of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings (Article 26(1) of the same Act) of the Act on Special Cases Concerning the Promotion, etc. of Application for Compensation (Article 26(1) of the same Act) (the victim may file an application for compensation not later than the closure of pleadings at the court of first instance or the court of second instance. As the victim filed an application for compensation after the closure of pleadings at the court of first instance, the application for compensation is not legitimate)