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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
1. On January 5, 2012, the Defendant subscribed to the award system of five million won, consisting of 24 units of the total sum paid by the victim B, organized by the victim B, at the Seocho-si, Seocho-si.
On April 7, 2012, the Defendant: (a) made a successful bid with the same attitude that the Defendant shall continue to pay the fraternity at the Defendant’s home located in Seocho-si, Si; and (b) stated that “When the Defendant has received the fraternity, he would not cause damage to the Defendant by faithfully paying the fraternity every month for the remainder of the remaining period.”
However, the Defendant, at the time, was in a bad credit position due to the Defendant’s failure to repay the amount equivalent to KRW 50 million to the financial institution. In order to repay the principal and interest on the above obligation, the Defendant borrowed from the neighboring parties, such as KRW 10 million, without any particular property, the Defendant was in a situation where he borrowed money from several creditors in order to repay the principal and interest on the above obligation, and thus, he did not have the intent or ability to pay the entire monthly deposit under the agreement until the said fraternity is terminated.
As above, the Defendant, by deceiving the victim as above, received KRW 166.90,00 from the victim under the same day as the guidance money, and thereafter, acquired property and property gains in an amount of 7,8780,000 won in total six times from the time to September 12, 2013, such as the list of crimes in the attached Form.
2. Crimes against victims E;
A. On October 2012, the Defendant stated that “The Defendant shall pay 100,000 won to the victim’s house located in Gangnam-si F and 103 1407 dong 1,000 won to the victim, who borrowed 10,000 won to another person, shall be paid 50,000 won per month, and the principal amount shall be repaid until May 29, 2014.”
However, the facts are based on the same reasons as the statement in paragraph (1).