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A defendant shall be punished by imprisonment with prison labor for four months.
Reasons
Punishment of the crime
1. On October 2016, the Defendant made a false statement to the effect that, at the Defendant’s house located in Jincheon-gun apartment C, the Defendant would faithfully pay the monthly payment in order to enable the victim to take part in the fraternity operated by the victim D (one hundred thousand won per unit, which is operated from November of 2016 to July 2018, and KRW 10 million per unit, which is paid in KRW 500,000 per month, and which is paid in KRW 60,000 per month after coal) at the Defendant’s house located in Jincheon-gun apartment C.
However, the defendant filed a petition for bankruptcy on or around March 4, 2015 because he/she has a debt of approximately KRW 40 million, and he/she paid KRW 00,000 in the credit card value, repayment of loans, insurance premium, etc. without any special property or any specific income. Therefore, even if he/she entered the above sequence, he/she did not have an intention or ability to pay monthly payments in a normal manner.
As above, the Defendant, by deceiving the victim as above, had the victim join the 2nd unit of the said rupture, and had the victim join the said rupture, and had the victim receive KRW 20 million from the victim from October 2016 to December 201, but did not pay KRW 7.2 million out of the amount to be paid by the Defendant, thereby acquiring property benefits equivalent to the said amount.
2. On May 2017, the Defendant made a false statement that “an amount of money is paid. her husband is also raising money. her husband is also able to make a monthly payment. That is, he/she is able to make a monthly payment in advance.”
However, even if the defendant subscribed to the fraternity as above, he did not have an intention or ability to pay monthly payments normally.
As above, the Defendant, by deceiving the victim, shall have the victim join the fourth unit of the fraternity operated by the victim (it shall be operated from November 2017 to July 2019, to receive KRW 10 million per unit, KRW 500,000 per month, KRW 600,00 per month, and KRW 600,000 per month thereafter), and from May 2017, the Defendant shall have the victim join the fourth unit of the fraternity operated by the victim.