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A defendant shall be punished by imprisonment for three years.
Reasons
Punishment of the crime
around January 2012, the Defendant operated a total of 31 Gu units, a total of KRW 1 million per Gu unit, and a total of KRW 30 million per Gu unit, and a total of KRW 30 million per Gu unit, and the Defendant was a member of the victim B, C, D, and E.
Around December 20, 2011, the Defendant made a false statement to the victim B, “G” restaurant operated by the Defendant in the Gwangju Mine-gu, Gwangju. In a total of 31 units, the Defendant entered the number fraternity and made monthly payments, stating that “The Defendant would pay the fraternity when the monthly payments would become an ordinary sequence.”
However, in fact, the Defendant organized and operated another number fraternity immediately before the above number fraternity, and caused the loss of the fraternity by appropriating part of the fraternity to the personal debt, and paid the fraternity through credit loans and bonds, etc., and had been accumulated and became in the state of aggravation of the debt. As such, the Defendant had no intention or ability to pay the fraternity at maturity, even if he received the fraternity from the members of the fraternity, because it was thought that the fraternity organized and received the above number fraternity should not be returned for personal purposes, such as the repayment of its debt, and it was not a situation of operating the fraternity normally.
As above, the Defendant, by deceiving the victim as above, had the victim join three teams, and then had the victim join the said three teams. On January 16, 2012, the Defendant received KRW 2,000,000 from the Agricultural Cooperative Account under the name of the Defendant, and acquired KRW 3,000,000 in cash, and acquired KRW 244,30,000 in total from four victims as shown in the attached crime list.
The Defendant is a person who has operated the G cafeteria in the F of Gwangju Mine-gu.
1. Around March 2011, the Defendant shall pay the interest of the second half of the month to the victim E, which is the cause of the number fraternity organized by him/her, and if he/she lends 15 million won to him/her, it shall pay the monthly payment to him/her.