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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
The Defendant is a person who operates a restaurant with the trade name of “E” in Gangnam-gu Seoul Metropolitan Government D.
1. On November 9, 2015, the Defendant: (a) entered the marries around October 7, 2015, in which the victim F (“17 members of the marries”) operated by the victim F, the Defendant was awarded a successful bid by presenting the interest of KRW 15 million higher than that of other members of the marries around November 9, 2015.
However, in fact, the Defendant did not have any revenue or property other than 1.5 million won per month when operating a restaurant, and was repaid for the number of days of debt amounting to 170,000 won per day, so there was no intention or ability to pay the fraternity normally even if he received the fraternity.
After all, the Defendant, as such, by deceiving the victim as such, obtained the delivery of KRW 33 million from the victim under the pretext of guidance.
2. On January 15, 2016, around February 15, 2016, the Defendant: (a) newly admitted the “successful bid to which 17 members of the 15th class pay 15,000 won per month each month,” which is operated by the injured person at the above restaurant; and (b) the same year.
2. The award was awarded on 15.15. Along with the interest of KRW 15 million higher than that of other members.
However, in fact, the Defendant did not have any revenue or property in addition to the profits of KRW 1.5 million per month that he earned in operating a restaurant, and paid the previous fraternity by 3.2 million won per month, so there was no intention or ability to pay the fraternity normally even if he received the fraternity money.
After all, the Defendant, as such, by deceiving the victim as such, obtained the delivery of KRW 33 million from the victim under the pretext of guidance.
3. On March 5, 2016, around March 5, 2016, the Defendant: (a) newly admitted a “successful bidder who pays 170,000 won in total by 3.2 million won per month” operated by the injured party at the above restaurant; and (b) the same year.
4.5. The award was awarded by citing interest of KRW 15 million higher than that of other members.