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A defendant shall be punished by imprisonment for three years.
Reasons
Punishment of the crime
From May 30, 201 to February 7, 2012, the Defendant is a leader who operated the office of 304 office of the Gwanak-gu Seoul Special Metropolitan City, Seoul Special Metropolitan City C building 304 from May 30, 201, the term “successful”, “successful”, and “successful bid”.
On May 30, 201, the Defendant stated that “The Defendant will pay the agreed amount in the order of 12 and 15 times out of total 16 times when subscribed to the number fraternity for the amount of KRW 50 million comprised of 16 members and paid the amount of KRW 3.4 million each month to the victim D at the above C building 304 office.”
However, in a situation where there is no other income, the Defendant borrowed the fraternity from February 201 to February 201, on the condition that the members of the fraternity receive the fraternity due to the difficulties in operating the fraternity due to the unpaid payment of the fraternity, and that he would pay a high interest on the 10th of each month. In order to repay the borrowed money, the Defendant organized another fraternity to pay the fraternity and operated the fraternity with the 10th of each month in the name of the member who borrowed the fraternity from the fraternity on the condition that he would pay a high interest on the 10th of each month to the members of the fraternity who borrowed the fraternity. Therefore, even if a new fraternity is organized due to the high interest burden, there was no intention or ability to pay the fraternity normally to the members of the fraternity.
Nevertheless, the Defendant: (a) by deceiving the victim as above and received KRW 47.6 million in total from the victim up to January 20, 2012 to from January 20, 201; and (b) from May 30, 201 to February 7, 2012, the Defendant received a total of KRW 592.7 million from the nine victims as indicated in the list of crimes in the attached list of crimes.
Accordingly, the defendant was provided property by deceiving the victims.
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement to E, F, G, H, I, J, D, and K;
1. Each complaint;
1. Application of Acts and subordinate statutes on accounting books;
1. Article 347(1) of the Criminal Act (the choice of imprisonment with prison labor), Article 347(1) of the applicable law as to the facts of crime and the choice of punishment.