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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
When the Defendant operated several systems, such as the successful bidder of September 8, 2005 and the successful bidder of February 5, 2006, the Defendant was unable to procure the money to be paid to the members of the fraternity due to the reasons that the members of the fraternity failed to pay the fraternity properly, etc., he was able to raise the money to be used for the fraternitys, personal debt repayment, living expenses, etc. In other words, he was able to raise the money to be paid to the members of the fraternitys by forming a new system and receiving the money from the members of the fraternitys in the vicinity, etc.
1. Around August 7, 2006, the Defendant made a false statement with the victim C’s house located in B of the Eup of the Jeonbuk-do, stating that “Around August 7, 2006, the Defendant would have to pay money if he/she operates his/her house, and would have paid money if he/she borrowed money.”
However, the Defendant was at the time liable to pay the individual debt of several million won, and there was no ability to pay his share in the successful bidder operated by the successful bidder including the above system, and there was no possibility that he would receive the payment of the deposit from the members who did not pay the deposit, and there was no possibility that he would be able to fully repay the loan to the victim.
Nevertheless, the Defendant, by deceiving the victim as above, received 5 million won from the victim, who was in his seat, as a loan, from the victim.
2. On September 20, 2006, the Defendant: (a) concluded a new successful bid system as of September 20, 2006 with the aim of using it for the guidance prohibition, personal debt repayment, living expenses, etc. in the preexisting operation under Paragraph (1) in the same circumstances; (b) concluded that on September 20, 2006, the Defendant would make a false statement that “if a successful bid is made and the payment is made to the victim, the Defendant would make a payment on the desired date.”
However, in fact, the defendant was liable to pay personal debts of 0 million won at the time, and there was no ability to pay his share in the successful bidder operated including the above system, and there was little possibility to receive the payment in arrears.