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A defendant shall be punished by imprisonment for not more than ten months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
Defendant C, D, E, and F are the leaders that organize and operate the number system, and the victims C, D, E, and F are the leaders that each Defendant has joined the number system recruited.
The Defendant, without a certain amount of income, was at least KRW 50 million, and the card price was in a bad credit condition due to delinquency, and was unable to pay the fraternity normally to the members of the fraternity that had been operated for several years. Thus, even if the Defendant organized a new system and received the fraternity payment from the members of the fraternity, it was thought that the Defendant would pay the fraternity payment in the form of a “return prevention”, and there was no intention or ability to pay the fraternity payment to the victims by operating the normal number system.
1. Although the defendant against the victim C did not have the intent or ability to normally pay the fraternity as above, on August 30, 2007, the defendant made a false statement to the victim C that "in the residence of the victim in Msan-si, the victim would operate the number system that is to be paid to one fraternity per month in the order of the fraternity amounting to KRW 10 million per old unit as the internal fraternity, and would pay KRW 15,200,000 per 13 and 15,000 per month as the second unit amount per month after joining the 13 and 15,000,000 won per month."
The Defendant, from September 2007 to October 30, 2008, obtained a total of 16.8 million won from the damaged person as payment for a total of 14 times from around September 2007 to around October 30, 2008.
2. The criminal defendant against the victim D did not have the intent or ability to pay the fraternity normally as above, but around October 30, 2007, at the I cafeteria operated by the victim D located in the Si of Changwon-si, Changwon-si, Changwon-si, Changwon-si, the defendant tried to operate the number limit to be paid to one fraternity per month to the victim in the order of the sum amounting to KRW 10 million per unit as the internal fraternity. The defendant joined the 6, 9, and 13th unit each month.