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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
1. On November 1, 2017, the Defendant was sentenced to one year’s imprisonment with prison labor for fraud, etc. at the Busan District Court, which became final and conclusive on January 19, 2018.
2. The Defendant and D established the so-called so-called E Co., Ltd. (hereinafter “E”), a company selling multi-level multi-level sales companies, in the form of allowances, in order to pay a certain percentage of the sales amount in the manner of receiving money as the sales price for the recruitment of business members and receiving money as the sales price for the goods. The Defendant decided to conduct the business of inviting members, and D to conduct the business of managing funds.
A. On March 30, 2012, the Defendant in the name of the goodwill was required to pay KRW 50 million to the victim G located in Busan, Busan, for the purpose of operating the E branch (e.g., optical City unit), total market (Si unit), agency (Gu unit), and franchise store (Dong unit) at the office of the victim G located in Busan, Busan, Busan, as the goodwill premium, KRW 5 million for the branch, KRW 22 million for the agency, KRW 500,000 for the agency, KRW 50,000 for the agency, and KRW 3,30,000 for the franchise store, and KRW 3,000 for the franchise store. The amount of the right paid shall be returned over 12 times.
When acquiring the right, 1% of the sales revenue generated from the business organization under its control shall be paid as an allowance, and 3,000 won per member who has been recruited by business activities, 4,000 won for the branch, 5,000 won for the agency, and 6,000 won for the merchant shall be paid as an allowance.
“The meaning of “.......”
However, E had no particular asset and had a structure to pay the existing members' allowances with the subscription fees of new members. Thus, unless new members are continuously recruited, the Defendant did not have an intention or ability to pay the allowances, etc. that the Defendant promised to pay to the existing members.
Nevertheless, the Defendant, as above, makes a false statement to G, from that time, received KRW 1,1330,00 from G as a premium for the same day’s total right, and from that time, from that time until July 14, 2012.