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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
around June 2012, the Defendant organized a limit of KRW 16,200,000,000 for the monthly payment per unit, and KRW 30,000,000 for the monthly payment per unit, and the victim C wishes to join one unit and receive KRW 14,00,00 for the victim D to enter one unit and receive KRW 15.0.
After the commencement of the foregoing system, the Defendant, at the end of July 2012, was required to pay seven teams (15 million won per month) by the Defendant, such as withdrawal from four fraternitys. However, even if the Defendant did not have any specific property, such as failure to pay the monthly rent at the singing shop operated by the Defendant at the time, there was no intention or ability to pay the amount properly to the victims even if he did not receive the payment from the victims.
1. The criminal defendant against C without notifying the victim of the aforementioned circumstances and then, as if he/she normally runs a fraternity, he/she was aware of the victim’s identity, and then, he/she acquired from the victim a total of KRW 2 million on August 14, 2012, KRW 2 million on September 14, 2012, KRW 200,000 on October 15, 2012, KRW 200,000 on November 15, 2012, KRW 200,000 on December 14, 2012, KRW 200,000 on January 15, 2013, KRW 200,000 on February 15, 2013, KRW 200,000 on March 15, 2013, KRW 200,000 on March 15, 2013, respectively.
2. The Defendant, without notifying the victim of the aforementioned circumstances, was aware of the fact that the Defendant was normally running a guidance, and then, he/she acquired the victim’s total sum of KRW 200,000,000 from the victim as a deposit money, KRW 2 million on August 16, 2012, KRW 200,000 on September 14, 2012, KRW 200,000 on October 15, 2012, KRW 200,000 on November 15, 2012, KRW 170,000 on December 16, 2012, KRW 30,000 on December 19, 2012, KRW 130,000 on January 15, 2013, KRW 150,000 on February 15, 2013, KRW 15385,005, respectively.
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement of C or D;
1. Application of a copy of each bankbook;
1. Imprisonment with prison labor under Article 347 (1) of the Criminal Act concerning the facts constituting the crime;