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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
[2017 Highest 1091]
1. On September 25, 2013, the Defendant is obliged to pay KRW 1.5 million to the victim D, “at the time of operating the 30 million foot mold,” and to pay to the victim D KRW 1.5 million.
D. On February 25, 2015, the term “to pay KRW 30 million and interest at KRW 18,000,000,000” was false as D’s subscription would reduce 18.
However, in fact, the Defendant, without certain occupation or property, has reached KRW 70 million, borrowed from the land, including E, in excess of KRW 70,000,000, since it was impossible to fully repay the principal and interest of the borrowed money, caused E, etc. to join as a member of the fraternity operated by the Defendant, etc., and in lieu of paying the interest on the borrowed money, the Defendant was to pay the monthly fraternity of E, etc. in lieu of paying the interest on the borrowed money. Accordingly, the Defendant was paid KRW 6,00,000,000 per month, and thus, the Defendant received monthly
In addition, there was no intention or ability to pay the victim's KRW 30 million and interest on the designated date by operating the proper system.
The Defendant, as such, by deceiving the victim, received KRW 1.5 million from the injured party on the same day immediately from the same day for the purpose of paying money, and from around that time to March 25, 2015, received a total of KRW 28.5 million from the same place as indicated in the list of crimes in attached Form 19 times in total, as stated in the list of crimes from around that time to March 25, 2015.
[2017 Highest 1269]
2. The Defendant is the subject of the number system consisting of 21 foot 20 million won, organized on September 10, 2012, and the victim E is a member of the above number system.
Around August 10, 2013, the Defendant made a false statement to the effect that “The Defendant shall borrow money from the victim in return for the payment of interest, which is difficult to do so, and he/she shall do so, and he/she shall be paid.” On the other hand, the Defendant borrowed KRW 30,000,000,000,000,000,000,000,000,000,000 won.”
However, facts have been operated by the defendant at the time.