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Defendant
A shall be punished by imprisonment with prison labor for a year and six months, and by imprisonment with prison labor for a period of four months.
(2) the date of this judgment.
Reasons
Punishment of the crime
On March 15, 2013, the Defendant organized the 30 million Korean Won and the 16 successful bid system for the 16 members in the I restaurant located at H on March 15, 2013.
However, while operating three successful bidders at the same time, the Defendant operated the system in such a way as to prevent the return of the successful bid price, such as appropriation of the successful bid price with the total amount paid by the members of the instant fraternity in the event that the successful bid price is in run in another fraternity. Since three persons, such as J, etc., among the 16 members, are unable to pay the total amount properly, there is no intention or ability to pay the agreed amount even if the remaining members pay the total amount normally.
1. The criminal defendant against the victim K by deceiving the victim K as if he/she could be paid from time to time, and was granted a total of KRW 18,507,00 from April 9, 2013 to May 30, 2014 from the victim to the victim’s payment.
2. The criminal defendant against the victim L by deceiving him/her as if he/she could from time to time make a promise to the victim L by receiving a total of KRW 19,610,000 from March 16, 2013 to May 20, 2014 from the victim to May 20, 2014
"2015 Highest 495"
1. Defendant A
A. On October 20, 2012, the Defendant organized a successful bidder bid system with 16 members, including KRW 30,000,000, and Victim M, at a non-permanent area on October 20, 2012.
However, when several successful bidders are operated at the same time, the defendant operated the system in such a way as to prevent the return of the successful bid by appropriating the successful bid amount with the total amount paid by the members of the instant fraternity in the event that the successful bid amount is insufficient, and since some of the members of the fraternity failed to pay the successful bid amount properly, the defendant did not have the intent or ability to pay the successful bid amount agreed even if the victim of the fraternity pays the normal advance payment.
Nevertheless, the defendant deceivings the victim as if he could pay the fraternity which was promised to the victim from time.