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A defendant shall be punished by imprisonment for not less than one year and six months.
Reasons
Punishment of the crime
[2014 Gohap91] The Defendant was sentenced to imprisonment with prison labor for a crime of fraud at the Seoul Eastern District Court on October 31, 2013, and is currently pending in the final appeal.
Since around April 2010, the Defendant: (a) since around 2007, when several successful bidders and the number system were operated at the same time, the Plaintiff failed to pay the fraternity in time; and (b) around April 2010, it was difficult to operate the normal system by inducing the members of the fraternity who borrowed money from the members of the fraternity to receive the fraternity or to receive the fraternity on the following occasions; and (c) by inducing them to receive the fraternity payments on the following occasions.
1. Nevertheless, around August 25, 2010, the Defendant made a false statement that the victim F will subscribe to the number system that pays 26 million won each month to the victim F, as if the accounts would normally be operated in the city in the city of Gangnam-gu Seoul.
The Defendant was exempted from the Defendant’s obligation to receive KRW 525 million in total over 21 times every month from around 200 million to April 25, 2012, or to pay KRW 525 million to the Victim F in total, when the Victim F joined the number-based five accounts.
From that time to May 9, 2012, the Defendant received a total of KRW 840 million from the victim F under the pretext of fraternity payments or was exempted from the Defendant’s obligation, such as fraternity payments, which was to be paid to the victim F.
Accordingly, the defendant acquired property or property benefits by deceiving the victim F.
2. Around April 9, 2011, the criminal defendant against the victim G made a false statement that he/she would join the number system that pays 26 times each month to the victim G, as if the accounts were operated normally.
The defendant was a victim G was admitted to one unit of the victim G, and from that time, the defendant was from that time.