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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
1. The Defendant was running an organization of 26 old accounts that, from July 2014, from around 19 to around 2014, the Defendant paid KRW 400,000 per month to around 19 members of the fraternity, including the Victim B, but after receiving an advance payment in his/her own sequence, paid KRW 50,000 per month. The Defendant allocated the Defendant up to 1 to 3 times so that he/she may receive an advance payment of KRW 10,000 per month, and instead, from Nos. 4 to 26, the basic accounts amount of KRW 10,000 per month to pay KRW 10,000 per month.
On June 2014, the Defendant would pay an amount of money by setting up the sequence 400,000 won each month from “D” operated by the Defendant in Echeon-si, Leecheon-si, by leaving a telephone to the victim and paying the amount of money to the Defendant.
A false statement was made.
However, the Defendant, at around June 2009, was placed in a situation in which E Union should pay interest of KRW 450 million per month from the time of borrowing KRW 450,000 from E, but it was difficult for the Defendant to pay the above loan interest at a normal level with profits from operating the above fixed land. Accordingly, the Defendant continued to suffer losses due to the occurrence of the circumstances, such as: (a) even though several serial lines were frequently organized in order to lend money; (b) the Madodomen did not pay the fraternity normally; and (c) around February 2014, the Defendant did not have the ability to pay the borrowed money at a normal level with a loan of an amount equivalent to KRW 450,000 from the financial company; or (d) by organizing a new serial system, the Defendant paid the so-called “gold money” which was paid by another serial system and made payment with the intention to pay the borrowed money at a normal level.
Nevertheless, it is not appropriate.