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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
[criminal power] On November 28, 2012, the Defendant was sentenced to four months of imprisonment for breach of trust and two years of suspended execution in the Incheon District Court, which became final and conclusive on December 6, 2012.
[2012 Highest 9794] The defendant did not have certain income, there was no property owned by the defendant, and there was a debt of approximately KRW 200 million including a debt of KRW 30 million to be paid to the victim C. Since he had to pay more than KRW 9 million a month with three or more deposits operated by the defendant, there was no intention or ability to pay the new fraternity even if he wishes to join the new fraternity.
1. Around January 18, 2011, the Defendant made a false statement that “The Defendant will start a new 30 million won foot to the said victim” from the 1st floor E of the building D, Nam-gu, Incheon Metropolitan City, but will pay to the said victim the fraternity without any delay, and also pay the existing debt KRW 30 million.”
However, the defendant did not start a new guidance that the defendant said that he would join the victim, but had been operated by the defendant in the past. A part of the guidance members did not pay the guidance money and withdrawn from the fraternity and did not normally operate the guidance, and the victim did not have the intent or ability to pay the guidance money for the above reasons even if he joined the new guidance members.
Around January 19, 2011, the Defendant received KRW 800,000 from the victim to a new bank account in the name of Defendant F, as well as from January 19, 201 to December 14, 2011, all of the Defendant received KRW 9.3 million under the pretext of deposit in 12 times from January 19, 201 to December 14, 201.
2. On May 8, 2011, the Defendant, at the place specified in paragraph 1, provides that “If the Defendant, at the place specified in paragraph 1, has subscribed to the said victim in an additional half of the half of the half of the 20 million won starting on May 8, 2011, the Defendant would pay the face money without interruption to the 16th place.”