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Defendant shall be punished by imprisonment for a term of one year and six months.
Reasons
Punishment of the crime
The Defendant resided in Incheon Gyeyang-gu and organized the “21 daily guidance” and “31 daily guidance,” respectively, from November 2015 to August 2016, the Defendant and the victims organized “31 daily guidance,” respectively.
1. On July 20, 2017, the Defendant, as a transferor, received a transfer of KRW 33,00,000 from its members to the Nong Bank account (F) in the name of E (F) in the name of E, the Plaintiff, at the office, etc. of the Defendant, from his members of Gyeyang-gu, Incheon, Gyeyang-gu, Incheon. In so doing, the Defendant was obligated to pay a transfer payment to the members of the fraternity (victim G, the cause of the 21th fraternity and the cause of the 31th fraternity), who was designated as a transferee of the fraternity around the 21st of the same month and around the 31st of the same month.
Nevertheless, the defendant violated his duties, and he voluntarily withdrawn and consumed the above guidance money from the place of residence of the defendant, without paying it to the victims.
As a result, the Defendant violated the above duties as a leading owner, thereby acquiring pecuniary benefits equivalent to KRW 33 million in the above accounts, and causing damages equivalent to the same amount to the victims.
2. Fraud;
A. The Defendant, through “I”, acquired the guidance money in a false manner by registering a false guidance money in the name of the Defendant with no intention or ability to pay the guidance money, and instead of paying the guidance money in the number fraternity organized prior to the 21st and the 31st and the 31st and then failed to pay the guidance money, thereby causing the shortage of funds for operating the guidance. At the time, the Defendant: (a) there was a circumstance that there was no particular revenue or property; and (b) there was no intention or ability to pay the guidance money in the name of the Defendant; and (c) inasmuch as there was no intention or ability to pay the guidance money normally, the Defendant received the false guidance money in the name of the Defendant to use it for the Defendant’s deposit money and personal repayment, etc.
Accordingly, the Defendant, at around November 2015 and around August 2016, 2016, set forth “I” as “21 day fraternity” and “31 day fraternity.”