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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
The Defendant, around January 2014, up to approximately KRW 150 million, had the obligation to be repaid to D, subscribed to the fraternity operated by D and the victim E to pay to D with the payment of the obligation.
On May 15, 2014, at around 12:00, the Defendant called the victim, who is the owner of the successful bid, who presents a monthly interest of KRW 3 million in the monthly deposit of KRW 1,000,000, from the Defendant’s operation of Gangnam-si, the Defendant called the victim, who is the owner of the successful bid, in a manner that makes the monthly payment of KRW 3 million in the monthly deposit of KRW 1,00,000,000 in the monthly deposit of KRW 1,000,000 in the daily deposit of KRW 2,000,000 in the daily deposit of KRW 2,00,000, and became a member of the above system.
On June 16, 2014, the Defendant presented that “Around June 2014, the Defendant participated in a fraternity group, presenting interest to the victim as an amount high, and appropriated for the repayment of obligations to be paid to the party with the money to the party,” and D, around June 16, 2014, presented interest of KRW 300,000 to the fraternity owner at the place of a fraternity group held in an unspecified area in Seoul and below Seoul, and received KRW 45,90,000 from the victim as an intermediary.
However, at the time of fact, the Defendant did not pay the monthly rent of G, and was notified by the lessor of the termination of the contract, and was required to pay approximately KRW 10 million as interest every month when the obligation reaches about 300 million, and even if the victim paid the fraternity, the Defendant did not have any intent or ability to pay the fraternity monthly.
As such, the Defendant, by deceiving the victim, had the victim pay 45.9 million won to D, and the Defendant exempted him from his corresponding debt and acquired the same pecuniary profit.
Summary of Evidence
1. Defendant's legal statement;
1. Application of the Acts and subordinate statutes to the complaint;
1. Article 347 of the Criminal Act applicable to the crime and Article 347 of the choice of punishment.