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A defendant shall be punished by imprisonment for three years.
Reasons
Punishment of the crime
【2013 Highest 3160 [Defendant] around June 15, 2004, the Defendant made a false statement to the victim F, stating, “The victim F will pay an amount without a molding it at any time during the month desired to pay the amount by joining the fraternity as a fraternity.”
However, under the circumstances where the defendant extended money to another person using the fraternity which was organized and operated before the transfer, and the fraternity is not operated normally, such as not being repaid or being paid in lieu of the fraternity payments by the members who got out of the fraternity, and thus, the previous fraternity members have not been paid. As such, since the defendant tried to operate the fraternity in a manner to prevent the return of the fraternity payments, he did not have the intention or ability to pay the fraternity properly even if he received the fraternity payments from the victims due to the impossibility of normal operation of the fraternitys.
The Defendant, by deceiving the victim as above, received KRW 420,610,000 from the victims in the same manner as indicated in the attached Table I, as shown in the attached Table I, in addition to obtaining KRW 70,000,000 from the victim every 15th day to April 25, 2007 from the above date and time to receive KRW 35,00,000 from the victim.
【2014 Highest 188】
1. Around June 15, 2004, the Defendant entered a restaurant operated by the Defendant in Seongdong-gu Seoul, Seongdong-gu, and made a false statement to the victim G, stating, “The 500,000 won foot 41 unit and 15 days unit are operated. If the Defendant paid the deposit amount as a fraternity, he would at any time pay the deposit without a mold in the month desired.”
However, the facts are normally operated by the defendant by lending money to another person using the fraternity which has been organized and operated by him, or by paying the fraternity to the members who have taken out the fraternity instead of the fraternity.