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A defendant shall be punished by imprisonment for not more than ten months.
except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. On October 6, 2010, the Defendant: (a) organized and operated the victim D and E in his own house located in Mine-gun C, Jeonnam-gun; (b) signed the 2-gu unit and deposited the 40 million unit in the 40-gu unit; and (c) deposited the 2-year unit in the 2-gu unit, the order of priority would be deposited without the rupture on the rupture. The Defendant said that the Defendant would pay KRW 46.6 million on May 6, 2012, which is the last order.
However, the Defendant had no intention or ability to pay the above money in the order of victims even if he received the money from the victims because he did not raise all the members of the fraternity at the time when he was responsible for several previous accounts or did not pay the money from time to time. However, the Defendant was in a situation where he did not have any special assets and was in excess of the amount, and thus, he did not have any intent or ability to pay the money from the victims even if he received the money from the victims.
Nevertheless, the Defendant, as seen above, stated that the victims were induced, and that the Defendant received a delivery of “one million won per month from May 6, 2012 to May 6, 2013,” in the indictment of twenty times each month from around October 6, 2010 to May 20, 2012, stating that “one million won per month from May 6, 2012 to May 6, 2013,” but it appears to be a clerical error.
A total of 40 million won was issued.
2. On May 20, 201, the Defendant: “On May 20, 201, the Defendant organized and operated the 20 foot mold with the said 20 foot unit to the victim D”; “on December 20, 2011, the Defendant joined the 1st unit and paid KRW 1 million each month thereafter, the Defendant would pay KRW 23.4 million around December 20, 2012.”
However, as seen above, the Defendant, at the time, did not recruit all the members of the community, and thus was responsible for several accounts or paid the fraternity to the money generated from other accounts due to the failure of the members of the community to pay the fraternity in time. However, the Defendant did not have any special assets, and thus, was in excess of the obligation.