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A defendant shall be punished by imprisonment for not more than ten months.
Reasons
Punishment of the crime
1. The Defendant against the victim C, at a place where it is impossible to identify the place on September 2013, 2013, paid KRW 50 million to the victim the winning bid amounting to KRW 50 million from September 2013 to May 2015, if the Defendant paid the advance payment after deducting the interest accrued each month, he/she would pay the winning bid amount to the victim.
“.......”
However, in the absence of any particular property or income, while there is an excessive debt, the defendant operated several successful bidders at the same time, and he thought that he/she would use the funds received from the victim or other members for personal debt repayment, funds for operation of other successful bidders, living expenses, etc., so even if it is impossible to operate the normal successful bidder and is paid by the victim, he/she did not have any intent or ability to pay the successful bidder to the victim even if it is impossible to operate the normal successful bidder and it is paid by the victim.
Nevertheless, as seen earlier, the Defendant was issued KRW 36,813,00,00 from September 5, 2013 to May 8, 2015, to the victim, who was in charge of the false statement, and received KRW 88,563,50,00 in total from around that time to around April 6, 2016, as shown in attached Table 1 to 5 of the List of Criminal Crimes A. From around that time, the Defendant received KRW 36,813,00 in total from around September 5, 2013 as five successful bidders.
2. The Defendant against the victim D, at a place where it is impossible to identify the place of light on February 2, 2016, paid KRW 50 million to the victim the winning bid amount of KRW 51 million from February 2016 to June 2017, if the Defendant paid the advance payment after deducting the interest accrued each month, the Defendant would pay KRW 50,000 of the winning bid amount to the victim at the expiration of the successful bid payment period on July 2017.
“.......”
However, while there is no particular property or income, the defendant operates several successful bidders at the same time, and he receives from the victim or other members without paying only one fraternity.