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A defendant shall be punished by imprisonment for not less than eight months.
All applications for compensation order filed by an applicant for compensation shall be dismissed.
Reasons
Punishment of the crime
[2012 Highest 1617] The defendant is a leader who operated the I Beauty Practice in Yongsan-gu Seoul Metropolitan Government and operated the number system for about 20 years. Since August 2009, the defendant was unable to normally operate the number system such as receiving personal loans because he was unable to receive the payment of the fraternity from the members of the fraternity that was operated in the past from around August 2009, the defendant did not have any intent or ability to receive the payment of the fraternity by organizing a new system and operating the fraternity that was not paid by the members of the fraternity. Thus, even if he borrowed money from the victims or received the payment of the fraternity, he did not have any intention or ability to receive the payment of the fraternity.
1. Around August 2009, the Defendant made a false statement that “Around August 26, 2009, the Defendant tried to start up a total of 21 units from August 26, 2009 to April 26, 2011, and, if a deposit amount is paid in 600,000 won per month, the Defendant shall be deemed to have paid a deposit amount of KRW 20,000,000,000,000 as interest on KRW 20,000,000,000,000 prior to the payment of the deposit amount.”
As above, the Defendant, by deceiving the victim, received directly from the victim in cash or through an enterprise bank account under the name of the Defendant, KRW 1,40,000,000 per month from August 26, 2009 to February 26, 201, in total, KRW 600,000 per month.
2. Around August 26, 2009, the Defendant stated that “If the Defendant paid a credit amount of KRW 1,00,000,000 per month to start the class, the Defendant would pay the credit amount of KRW 2,38 million on April 26, 201.”
As above, the Defendant, by deceiving the victim, received directly from the victim in cash or via an enterprise bank account under the name of the Defendant, KRW 20 million each month from August 26, 2009 to March 26, 201, in total, KRW 1 million each month from around 200 to March 26, 201.
3. On August 26, 2009, the Defendant is at the above I Beauty room.