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Defendant shall be punished by a fine of KRW 2,000,000.
If the defendant does not pay the above fine, 50,000 won shall be paid.
Reasons
Punishment of the crime
Although the Defendant had a loan claim amounting to KRW 440 million against the victim W, if the victim failed to repay it, the share holder can pay money when the victim operated the successful bid system. Thus, the Defendant recruited an fraternity to pay money to the Defendant, and made the victim pay money from June 14, 2010 to March 15, 2012 during the operation period from June 15, 2010 to March 15, 2012, the Defendant decided to organize the successful bid system by fixing the period from June 15, 2010 to March 15, 2012.
Even if the Defendant subscribed to the above fraternity, the Defendant had the intent to offset the remaining obligation of the fraternity after receiving the successful bid price against the loan obligation owed by the victim, etc., and had the victim subscribed to the above fraternity without notifying the said fact to the victim.
In addition, the defendant shall have AE who bears his/her obligation to subscribe to three accounts in the name of the Gu 2 unit and the name of the defendant (the former holder of the title prior to the acceptance), and shall receive the fraternity from AE in lieu of payment. In the event that AE receives the fraternity from the successful bid, the above successful bid amount shall be appropriated for the repayment of the defendant's obligation to the defendant, even if he/she receives it from AE, the remaining fraternitys shall not be paid on behalf of the defendant, and the victim shall not be notified of the above fact.
The Defendant, as above, induces the victim as if he did not have an intention or ability to make a normal payment by the deadline for the completion of the contract, even though he did not have an intention or ability to make a normal payment, and then, in this context, transferred the sum of KRW 50,000 to the account in the name of AF around July 19, 2010, and KRW 61,152,100,000, around July 26, 201, under the name of the former accounts in which AE borrowed the name of AF, and KRW 11,152,100,000, in total, around the 26th day of the same month.