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A defendant shall be punished by imprisonment for four months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. On December 12, 201, the Defendant: (a) at his own house located in Guro-gu Seoul Metropolitan Government B 109, B 109, 803 as a fraternity; (b) organized and operated a 10-year amount of KRW 1,00,000 per month for ten months, and a 10-year amount of KRW 100,000 per month; (c) the victim C joined one unit; (d) the victim D joined one-half unit; and (e) the Defendant paid the victims a sum of KRW 10,000 per month.
On October 12, 2012, the Defendant received the entire payment from the members of the fraternity, such as C and D, and accordingly, the Defendant, as the owner of the fraternity, had a duty to receive the payment of KRW 10,90,000,000 to the victim C, and 5,450,000,000,000,000,000,000 to the victim D, instead of paying the fraternity in violation of the duty, acquired the financial benefits equivalent to KRW 16,355,00,00,000,000 from the victim C and 5,450,000,000,000 won to the victim, respectively.
2. Around May 31, 2012, the fraud Defendant made a false statement to the effect that, by calls from the victim C at his house located in Guro-gu Seoul Metropolitan Government B 109 Dong-gu 803, the Defendant “on the basis of the need for a rapid demand for the settlement of traffic accidents, only KRW 10,000,000,000,000,000,000,000,000,000,000,000,000,000 won,
However, the facts are that there was no income from the family owner at the time, and since there was no income from the business difficulties of the Defendant’s husband, it is urgent that the Defendant appropriated the living expenses, interest on loans, etc. from the fraternity that he received as the fraternity, and thus, even if he borrowed money from the victim, there was no intention or ability to pay the interest, and to pay the principal within a few months.
As above, the defendant deceivings the victim, and is on the same day from the victim.