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A defendant shall be punished by imprisonment for two years.
Reasons
Punishment of the crime
1. Around June 2017, the criminal defendant involved in the award-based fraud made a false statement to the victim B, stating, “When he/she has subscribed to organize a system, he/she will pay a fraternity.”
However, the facts indicate that the Defendant did not recognize who is successful bidder even if he determined the successful bidder according to the mind of the fraternity owner (in the fraternity where the Defendant is the leader, it is difficult to understand who is a successful bidder because the Defendant was unable to know who has produced the interest by text message from the fraternity members, since he was unable to know who has received the interest from the fraternity members, and the Defendant determined the successful bidder by presenting text message, it is difficult to identify who is a successful bidder.). The Defendant organized the fraternity including the debtor, such as C, and then first paid the fraternity to C, etc., and collected the claim with the relevant fraternity, or attempted to receive the successful bidder continuously, even if he received the payment from the victim B, there was no intention or ability to pay the fraternity to the victim B.
Nevertheless, around June 10, 2017, the Defendant, by deceiving the victim B as above, received KRW 1,600,000 from the victim B as a deposit of 10 days, as well as from around that time to June 23, 2018, by deceiving the victim B, the Defendant received KRW 200,026,00 in total from the said victims over 192 times in total, as shown in the crime sight table 1-1 or attached Table 1-9 from around that time to June 23, 2018.
2. On Dec. 2, 2017, the Defendant made a false statement to the Victim E, stating that “I would pay money to the victim. If I would have lent KRW 6.6 million to the said fraternity, I would have the said fraternity receive the principal and interest each 800,000 won for 12 months from the said fraternity.”
However, the facts do not convey the money borrowed from the victim E to another fraternity, but the defendant's successful bidder's award.