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A defendant shall be punished by imprisonment for not less than two years and six months.
Reasons
Punishment of the crime
1. Around May 2012, the Defendant made a false statement to the effect that “The Defendant was operating the number system as a domestic owner, and subscribed to the guidance,” at a cosmetics shop operated by the Defendant in Kimhae-si, Kim Jong-si.”
However, in fact, the Defendant, without any particular property, lives in the number system from around 2004, and was prevented from returning the money to the members of the fraternity who joined the new fraternity by paying the money to the members of the previous fraternity. Therefore, even if receiving the money from the victim, the Defendant did not have the intent or ability to pay the money normally.
As such, the Defendant, by deceiving the victim, received 2,200,000 won from the Agricultural Cooperative Account in the name of F used by the Defendant on May 20, 2012 from the victim as a deposit money, and received 2,20,000 won from the victim, as shown in the attached Table of Crimes (1) from around that time to June 11, 2013, the Defendant transferred or received 202,86,00 won in total from 14 persons, such as the victim E, as indicated in the attached Table of Crimes (1).
2. On October 7, 201, the Defendant made a false statement to the effect that “The Defendant would repay money to the victim E, if he/she is required to pay money,” at the same place as Paragraph 1, at the same time as in the following month.”
However, in fact, the Defendant did not have any intent or ability to pay money even if he borrowed money from the victim, because the Defendant had been living in the number system from around 2004 without any particular property, and was paying the money to the members of the fraternity who joined the new system, and was prevented from returning the money by paying the money to the members of the previous fraternity.
As such, the Defendant, by deceiving the victim, received KRW 0,00,000 on October 7, 201 and KRW 10,000,00 on October 12, 201, used by the Defendant to the Agricultural Cooperative Account in the name of F, under the name of F, under the pretext of borrowing from the victim, and as shown in the List of Crimes (2) during the period from around that time to May 16, 2013.