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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
The defendant has operated a singing practice room in Asan City and operated approximately 20 years ago.
From 205, the Defendant: (a) borrowed money from other persons in order to take money necessary to pay the principal and interest of the fraternity on behalf of the fraternity members who subscribed to the number fraternity operated by the Defendant; (b) borrowed money from other persons in order to repay the principal and interest of the fraternity; and (c) borrowed money again in order to pay the borrowed money on behalf of other persons; and (d) borrowed money again in order to pay the necessary fraternity; and (b) borrowed money to the fraternity members; (c) as a result of the borrowing of the operating fee of the singing practice room, the Defendant paid interest of KRW 40 million or more as of February 201 on behalf of the fraternity members who did not receive the fraternity; and (d) came to the situation that the Defendant was unable to operate the fraternity normally after having subscribed to the four fraternity members who did not receive the fraternity money on behalf of the Defendant, and after having subscribed to the fraternity members on behalf of the said members.
1. On February 201, the Defendant made a false statement to the victim that “The Defendant would pay KRW 30 million per old unit to the victim at the F restaurant located in Asia-si, Asan-si, for a period of 25 months from February 20, 2011, and for a period of 1.25 million won per month, if the Defendant paid the monthly installments, 3,000 won per month.”
However, the Defendant was unable to operate the fraternity normally for the above reasons, and thus, the Defendant did not have any intent and ability to pay the fraternity on the fixed date.
Nevertheless, the Defendant, by deceiving the victim as above, had the victim join one unit, and received a total of KRW 14.8 million from February 20, 201 to January 20, 201, from the victim to January 20, 2012.