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A defendant shall be punished by imprisonment for not more than ten months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
1. From June 25, 2014, the Defendant operated the number system of KRW 10 million (hereinafter “25-day system”) comprised of 5-dong, Geumcheon-gu, Seoul (hereinafter “25-day system”), and from July 16, 2015 to the same place, the number system of KRW 10 million (hereinafter “16-day system”).
The Defendant had no certain occupation and has to bear at least KRW 2.5 million per month with interest and fraternity due to bond 20 million won, etc. as well as at least KRW 2,510,000 per month with a loan by her husband whod the horse race track and the Gangwonland and raised funds.
From September 2014, it was impossible to pay the guidance money to the members even if it was received the guidance money due to the failure of C to pay the guidance money.
Nevertheless, around October 2014, the Defendant received KRW 40,000 from the victim D to January 2016 in the same Dong as well as KRW 25,60,000,000 from the victims as indicated in the list of crimes in the attached Table of Crimes (1), and received KRW 25,60,000 from the victims for the total sum of KRW 16,000 from the victims for the total sum of KRW 25,000 from the victims for the total sum of KRW 16,00 from the victims around June 2015, and received KRW 5,120,000 from the victims for the total sum of KRW 16,00 from the above date to January 2016 as described in the list of crimes in the attached Table of Crimes.
Accordingly, the defendant acquired a total of KRW 76.8 million from victims.
2. From the same Dong around September 2014 to January 2016, the Defendant’s false statement to the effect that “if the Defendant borrowed money from the victim E even though having no intent or ability to repay the excess amount, he/she would give a monthly interest on the loan of money because of the lack of time limit and use of money.” The Defendant received KRW 3 million from the victim on the same day and received from the victim on the same day, and from that time to January 2016 from that day, the Defendant attached thereto.