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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
1. The Defendant: (a) had an office in Dongjak-gu Seoul Metropolitan Government building C; (b) had operated several accounts in such a way as to use the accounts paid by the members of the fraternity without any funds from the recipients of basic livelihood security with the unpaid accounts of other fraternitys; (c) around July 4, 2014, the Defendant borrowed KRW 20 million from the said office to the victim D who is the cause of the fraternity “on the condition that other fraternitys need to be urgently paid, if he/she borrowed KRW 20 million, he/she would be reimbursed in full for three months after he/she received KRW 3.6 million from the other fraternity; (d) however, in fact, he/she did not have any capacity or intent to repay the accounts in full for three months as agreed by the victim.”
Nevertheless, the defendant had been used by the defendant on the same day from the person who was aware of such deception by deceiving the victim as such.
E It was acquired by remittance of KRW 16.4 million to the national bank account in the name of E.
2. At the foregoing office around April 2014, the Defendant said that “The Defendant would make up for the victim D a 6 foot to be placed in the instant net system, 30 million won per share, 50,000 won per share, 3.4 million won per share,” but, during 16 weeks, the Defendant did not have any capacity or intent to guarantee the payment of the fraternity as promised by the victim.” However, the Defendant did not make a false statement in order to raise the shortage of funds while operating several systems in the way of paying the fraternity in the form of payment of other accounts.
Nevertheless, the Defendant, as such, by deceiving the victim as such, wired the victim to the above national bank account of KRW 14.1 million on the 15th of the same month, KRW 10 million on the 15th of the same month, and KRW 30 million on August 21, 2014, including KRW 10 million on the 21st of the same month.
Summary of Evidence
1. Partial statement of the defendant;
1. Each legal statement of witness D and F;
1. The defendant;