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The punishment of the accused shall be determined by ten months of imprisonment.
, however, the above punishment shall be imposed for a period of two years from the date this judgment becomes final.
Reasons
Punishment of the crime
1. On January 201, 2017, the Defendant: (a) around January 201, 2017, organized a 20-year number system, under which the Defendant would pay KRW 1,00,000 per month per old unit; and (b) the number of accounts to pay KRW 20,000 per month to the members designated by the sequence.
In addition, on January 2017, the Defendant made a false statement to the victim B, stating that “If he/she joins the No.S. system, he/she would pay the fraternity normally.”
However, the Defendant incurred a loss of KRW 70 million prior to the commencement of the instant number system and incurred a loss in personal loan of KRW 140,500,000 from the financial right No. 2 to compensate for the loss, which led to the aggravation of the property situation to the extent of KRW 14,250,000,000 of the financial right obligations at the time of making up for the loss. However, the Defendant did not have any intent or ability to pay the amount to pay the amount to the Plaintiff, as he did not have any ability to pay the amount to pay the amount to the Plaintiff. Since the Defendant did not think that he would compensate for the loss in the previous system with the money walking from the instant number system, even if he received the amount from the injured party, he did not have any intent or ability to pay the amount to the victim.
Nevertheless, the Defendant, as such, by deceiving the victim B as such, received KRW 1,00,000 from the injured party on January 26, 2017 as an advance payment, and received KRW 69,00,000 from that time to June 25, 2018 (attached Form 1) in total 35 times as an advance payment from the victim B and C, as stated in the list of crimes.
Accordingly, the defendant, by deceiving victims and receiving the property, acquired the property.
2. On October 2017, the Defendant: (a) around October 2017, organized a 15 unit number system, under which: (b) the Defendant paid KRW 2,00,000 per month for each unit of account; and (c) the number of accounts to pay KRW 30,000,000 per month to the designated members of the fraternity; and (d) the 15 unit number per month.
In addition, the defendant is a victim C at a non-permanent place on October 2017.