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A defendant shall be punished by imprisonment for six months.
Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment became final.
Reasons
Punishment of the crime
1. The Defendant is a leader who operated the number system of 20 million won and the number system of 26 old accounts on September 23, 2013.
At the time of organizing the foregoing system, it is unclear whether the Defendant can pay the fraternity in the prescribed sequence even if he received the fraternity from the fraternity members because the Defendant used the fraternity from the above fraternity members as the principal and interest repayment for the existing creditors who have to pay the fraternity in a lump sum, and the Defendant used it as the principal and interest repayment for the previous creditors who have to pay the fraternity from the above fraternity members, and there is a plan to pay a part of the fraternity from others.
For the foregoing reason, although the Defendant did not have the intent or ability to pay the fraternitys properly even after receiving the fraternitys from the victim C, the Defendant, as if he could be able to pay the fraternitys by the sequences established without notifying the victim of the economic situation of the Defendant, the method of paying the fraternitys, etc. as above, by deceiving the victim and receiving the fraternitys from the victim.
On September 23, 2013, the Defendant: (a) by deceiving the victim as above in Ecafeterias located in Gangwon-si, Gangwon-si; (b) obtained one million won from the victim under the pretext of relay payments; (c) around October 2013, 80,000 won under the same name as at the end of November 2013; (d) received 80,000 won under the same name as at the end of November 2013; and (e) received 80,000 won under the same name as at the end of December 2013.
2. Fraud of borrowing money;
A. On January 9, 2014, the Defendant committed the crime of January 9, 2014, the Defendant stated that “B shall pay KRW 10 million to B, and if so, KRW 1 million shall be paid to B, and the principal shall be repaid on April 9, 2014,” at the home of the said victim C, which is located in Gangwon-gun F, Gangwon-gun.
However, the Defendant is against the victim due to the difficulties in financial circumstances, such as Paragraph 1.