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A defendant shall be punished by imprisonment for not more than ten months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
1. From October 22, 2009 to October 22, 2009, the Defendant operated the said system as a share of “F”, which is composed of 2.5 million won of the monthly deposit and 41 o-viss of the total amount.
The defendant and 3 persons, including the defendant, G, and H, decided to recruit the members of the fraternity by 3 minutes of the above previous accounts, and organized the above accounts, but when the above H did not recruit the members of the fraternity assigned to himself and left the fraternity, the defendant was placed in a situation where the defendant should leave the fraternity to the degree that H should be recruited, and the defendant should appropriate the insufficient amount of the fraternity. For the purpose of raising the operating funds of the hospital operated by the above G, after organizing the above system for the purpose of raising the operating funds of the hospital operated by the above G, the amount of the fraternity paid by the defendant and G was increased.
In the meantime, around August 2010, the defendant's account was seized, and the defendant's account was received through the defendant's fraudulent account, not the defendant's account, and the plaintiff, one of the members of the fraternity, was in a situation where he was unable to maintain the fraternity or pay the prescribed fraternity amounting to 35 million won per month unless he was able to pay the fraternity amount, but at the time the defendant was not able to pay the fraternity amount by appropriating the payment of the share of G.
Nevertheless, without notifying the victim K of the foregoing fact to the extent that it is normally possible to pay the fraternity money, the victim K demanded to pay the fraternity money as if it were possible to pay it. From September 23, 2010 to July 25, 2011, 50,000 won of the total amount of the paid-in accounts from September 23, 2010 to July 25, 201, was remitted or acquired property profits.
Accordingly, the defendant, by deceiving the victim, received property or acquired property benefits.
2. From May 15, 2010 to May 15, 2010, the Defendant organized a number of accounts consisting of KRW 2.5 million and a total of 21 old accounts.