사기등
Defendant shall be punished by a fine of two million won.
If the defendant does not pay the above fine, KRW 100,000.
Punishment of the crime
The Defendant was a person who operates clothing retail stores in Bupyeong-si D market, and was aware of the victim E with the street store in this market for more than 10 years. On January 27, 2015, the Defendant served as an intermediary of the number system in which 20,000 won were paid monthly and 10,000 won was paid and interest was paid on the day.
On August 27, 2016, 2010, the victim had been paid in advance and interest on August 27, 2016.
The Defendant, on August 27, 2016, received KRW 11.7 million from the guidance F and the guidance members to be paid to the victim. Therefore, the Defendant was obligated to pay the guidance money to the victim designated as the recipient of the guidance money on the next day.
Nevertheless, the Defendant paid only 1.7 million won among the fraternitys kept in custody to the victim, and embezzled 10 million won of the remaining fraternitys in consumption of his/her debt repayment, etc.
2. On September 5, 2016, the Defendant: (a) formed a system of serial numbers in which ten members of the fraternity pay 500,000 won per month and receive the fraternity money on the regular day; and (b) took charge of the fraternity.
The victim paid 50,000 won on every 5th day of the month.
On February 5, 2017, the Defendant received KRW 5,250,00 from the guidances for the victim on February 5, 2017, and therefore, there was a duty to pay KRW 5,250,000 to the victim who attempted to receive the guidances on the same day.
Nevertheless, the Defendant violated his duties and paid only one million won to the victim out of the fraternity, and used the remaining fraternity to repay his/her debt, thereby causing property damage to the victim.
3. On October 1, 2015, the Defendant: (a) told on October 1, 2015, the Defendant: (b) lent the Defendant’s clothes that he/she had to sell to the victim; and (c) provided that he/she would pay back the her clothes until December 1, 2015.
However, even if the defendant borrowed the purchase price of clothes from the injured party, he did not have the intent or ability to repay it.
Nevertheless, it was immediately issued 5 million won by the injured party.
Summary of Evidence
1. The defendant's person;