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A defendant shall be punished by imprisonment for six months.
Reasons
Criminal facts
From 209 to 3 U.S. from 2009, the Defendant operated the number system or 18 successful bid lines as the main owners of “V” on the third floor of the Gangnam-gu Seoul U.S. building. The Defendant, as the main owners of “V, paid the fraternity by financing debentures due to the shortage of operating funds, offsets the Defendant’s obligation and the creditor’s obligation to pay the fraternity by setting off the Defendant’s debts and the creditor’s obligation to pay the fraternity, without paying the fraternitys to the fraternitys awarded a successful bid or set up an order of priority, and re-loans into the new fraternity, etc., and the Defendant received the fraternity by soliciting the fraternitys without having the intent or ability to pay the fraternitys normally even if he received the fraternitys from the fraternitys.
On October 15, 2010, the Defendant stated that “The Defendant organized the number system of KRW 300 million, monthly payment of KRW 20 million, and KRW 16 of the 15th unit to the victim BP through Z at a “BO” restaurant located in Gangnam-gu Seoul, Seoul, which is located in BN. Accordingly, the Defendant would pay the 15th unit if the Defendant subscribed to it and paid KRW 20 million monthly payment.”
However, the Defendant did not have the intent or ability to pay the fraternity from time to time even if he received the fraternity payment from the same fraternity as the victim after April 2010 due to the above guidance operation situation, and there was no actual organization of the number fraternity as above.
Nevertheless, the Defendant, as above, by deceiving the victim as above, obtained a total of KRW 40 million, including KRW 20 million around October 15, 2010, and KRW 20 million around November 11, 2010, and acquired by deception from the victim as a deposit money.
With respect to the method of deception, the prosecutor indicted the defendant directly made such false statements to the victim, but the defendant without changing the indictment.