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A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Punishment of the crime
The Defendant organized and operated the number system by organizing the victim C(n and 70 years of age) as a fraternity. As such, the Defendant was in a situation where it is necessary to operate the fraternity by lending the fraternity to other fraternity members because the operation of the fraternity is difficult due to the difficulty of operating the fraternity, such as not receiving the fraternity from around April 201, or paying the fraternity to the fraternity members, etc., and there was no other property or income, and thus, even if the Defendant borrowed money from the victim, it was in a situation where there was no intention or ability to pay the fraternity.
1. Around June 2011, the Defendant made a false statement to the effect that “If the Defendant borrowed money from the victim’s house in Guro-gu Seoul Metropolitan Government, the Defendant would pay interest on KRW 10 million to the victim, if he/she borrowed money from the victim, even though he/she did not have any intent or ability to repay the money, the Defendant would pay the interest on the second part of the month.”
The Defendant, as above, by deceiving the victim, received KRW 10 million from the victim’s occupation.
2. On July 9, 2012, the Defendant made a false statement to the effect that “If the Defendant borrowed money from the bank to the bank, if he/she would have borrowed money without any intention or ability to pay it, he/she would pay interest on the second installment of the month” to the victim despite having not been able to do so even if he/she borrowed money from the victim.
The Defendant, as above, by deceiving the victim, received KRW 13 million from the victim’s occupation.
3. Around January 2013, the Defendant made a false statement to the effect that the Defendant would normally operate the system to the victim, despite the absence of the intent or ability to operate the system normally as above.