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Defendant shall be punished by imprisonment for a term of one year and six months.
Reasons
Punishment of the crime
1. The Defendant was operating a system in such a manner as to set up approximately 30 fraternitys against those who had moved from early 2015 to Korea from Vietnam, and award a prize to those members who would pay the highest interest.
On October 18, 2015, the Defendant told the victim B of the Defendant’s shop located in Daegu-gu, that the Defendant would offer a guidance when he paid the guidance money by joining the fraternity.
However, in fact, the defendant did not have any particular property, paid the fraternity in a way to prevent the return of the fraternity while operating the 30 fraternity, there was a lot of unpaid fraternitys, and there was no intention or ability to pay the successful bidder properly due to the lending of the deposited fraternity to another person for personal use.
Nevertheless, as above, the Defendant, by deceiving the victim B from the same date to November 27, 2017, received the remittance of KRW 5,55,000 as an intermediary loan between the same date and the same date, and acquired money equivalent to KRW 217,66,90 from the victim 11 to November 29, 2017, as shown in the attached crime list (1) as shown in attached Table 11.
2. The Defendant: (a) around December 9, 2016, at the D restaurant located in Seo-gu, Daegu, Seo-gu, said that “The Defendant would pay the victim E interest at any time when he/she borrowed the money at the rate of five percent per week; and (b) at any time if he/she requested a refund.”
However, in fact, the defendant had no particular property at the time, and the defendant operated the system by the method of returning it, and was difficult to operate the normal system due to a large amount of unpaid fraternitys, there was no intention or ability to repay the borrowed money from the victim E even if he borrowed money from the victim E.
As above, the Defendant, by deceiving the victim E, received a remittance of KRW 10,000,000 from the victim E on the same day from the victim E, and from that time, from that time.