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A defendant shall be punished by imprisonment for two years.
Reasons
Punishment of the crime
From September 6, 2016 to March 6, 2019, the Defendant operated the number system of KRW 31 old accounts, KRW 1 million monthly payment, KRW 30 million, and KRW 31 old accounts, KRW 1 million monthly payment, and KRW 30 million from April 26, 2018 to October 26, 2020. The Defendant operated the number system of KRW 31,000,000 in total, and KRW 30,000 in monthly payment, and the Defendant operated the number system of KRW 31,00,000 in total, without setting the number system in advance, while operating the number system.
At the beginning of the first business, the Defendant was liable for the debt of KRW 100 million, credit card loans of KRW 15 million, and the Defendant was liable for the credit card loans of KRW 15 million. In order to pay this, the Defendant was so-called “defensive” by organizing a new number system or borrowing money from credit card loans or other persons.
1. Fraud of loans;
A. On January 26, 2018, the criminal defendant against the victim B requested that the defendant pay the fraternity from the victim B during the period from September 26, 2015 to March 26, 2018 at the Duntil March 26, 2018, which was operated by the defendant in Yeongdeungpo-gu Seoul Metropolitan Government, from September 26, 2015, and from March 26, 2018, the defendant demanded that the defendant pay the fraternity amounting to KRW 30 million from the victim B. The victim stated that "if he/she lends KRW 20 million out of KRW 30,000,000,000,000,000 won among KRW 30,000,000,000,000,000 won, he/she shall start with the identification system again and complete payment once."
However, the Defendant had no intent or ability to repay, even if he/she borrowed money from the victim, while he/she had been unable to repay the credit card loans with the time limit funds received from the fraternity members as above.
As above, the Defendant, by deceiving the victim as above, paid the victim KRW 20 million out of the guidance money of KRW 30 million, and acquired pecuniary benefits equivalent to the remaining KRW 10 million by means of not paying the amount.
(b).