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A defendant shall be punished by imprisonment for one year.
However, the execution of the above sentence shall be suspended for three years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. On May 2014, the criminal defendant against the victim E (hereinafter referred to as the "victim E") committed by the victim E (58 taxes) at the domicile of the defendant of the F of Seoul Special Metropolitan City, Nowon-gu around May 26, 2014, with a view to opening up seven old accounts on May 26, 2014, and receiving 25 million won (one million won per unit) on the 26-month number system (one million won per unit), with a view to having the victim receive the payment first, and the victim paid to the victim up to the end of the payment for the above seven old accounts until the end of the payment for the above seven old accounts.
“” was discussed to the effect that “.
However, in fact, the Defendant, at the time of a fixed monthly income, was liable for the interest to be paid in excess of approximately KRW 20 million each month, and the monthly payment to be made in excess of KRW 10 million due to the operation or accession of another fraternity. The Defendant, as from July 5, 2013, operated from July 5, 2013, was in a state of KRW 100 million number book (per 2.5 million per unit) of the 100 million number book (per 2.5 million unit), which was operated by the Defendant, was in a state of situation where it was difficult to normally operate the said debt due to the process of preventing the repayment of the above debt, and thus, the Defendant’s purchase of KRW 7 old shares and KRW 5 million on May 26, 2014, first of all, was in excess of KRW 500,000 per month, and did not have the intent or ability to pay the previous debt by the time of receiving the said debt.
As such, the Defendant: (a) by deceiving the victim; and (b) from June 26, 2014 to February 26, 2015, the Defendant acquired the pecuniary benefits worth KRW 155,250,000 in total on six occasions, by receiving cash from the victim or his wife G in lieu of receiving a fraternity loan; or (c) taking a deduction of obligations from the victim or his wife G in lieu of receiving a fraternity loan.
The written indictment states that "the person shall be obtained by obtaining a total of KRW 155,250,000 through six times in total under the pretext of the guidance," but the fact shall be cash under the pretext of the guidance.