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A defendant shall be punished by imprisonment for six months.
except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The Defendant, as a person operating the total number limit of six, did not have any revenue other than KRW 2.5 million from the monthly income of the “D coffee shop” operated by the Defendant in Ansan-gu, Anyang-si, and from 2012, he paid KRW 5.25 million every month by operating the fraternity in an unreasonable manner. Since it is difficult for the Defendant to pay approximately KRW 2,00,000 per month interest on personal debt, he did not have any intent or ability to repay the money from other persons even if he borrowed money from other persons.
1. On October 21, 2012, the Defendant made a false statement to the effect that “Around October 21, 2012, the Defendant, at the office of the victim F, who was affiliated with the [YY-gu, Ansan-gu, Ma, and 302], provided that “Around October 21, 2012, the Defendant was unable to provide the guidance to the members who operated the indoor number system, who returned from the sequence because the members failed to pay the guidance. If the Defendant borrowed KRW 5 million to the members who returned from the sequence, he would give the guidance to the members who returned to the fraternity, and would complete the payment to the remaining members, by receiving the guidance from the victim without delay at the same time as a loan.”
2. On January 23, 2013, the Defendant: (a) made a false statement to the effect that “the Plaintiff was unable to provide the guidance to the members who returned from the sequences due to the lack of money; (b) the Defendant borrowed money within one week from the victim, which was immediately obtained 5 million won from the victim for the borrowed money.” (c) The Defendant acquired 5 million won as the borrowed money from the victim.
3. On April 23, 2013, the Defendant, on April 23, 2013, by means of a false statement to the effect that “The Defendant shall pay back the amount of KRW 10 million to the victim who urged the payment of his/her obligation at the place specified in paragraph (1), and shall receive the outstanding amount and pay the outstanding amount to the victim.” Accordingly, the Defendant shall immediately receive KRW 10 million from the victim as the borrowed amount, and he/she shall obtain it from the victim.
4. On May 26, 2013, the Defendant was guilty, and the Defendant performed his/her obligation on May 24, 2013.