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A defendant shall be punished by imprisonment for not less than five months.
except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. Around January 2011, the Defendant organized the 12-stage system consisting of the 500,000 won per victim C and the 12-stage unit to receive a total of 6 million won per month. From July 2011 to July 5, 2011, the Defendant was responsible for paying the 2.8 million won per month of the total amount (one unit, D’s three units, and E’s one unit that was withdrawn from July 201).
Around July 201, 201, the Defendant called the victim at a place no more than once, 201, where the Defendant was the victim, and the Defendant called, “it is difficult for a fraternity member to pay the guidance money to the escape. On the other hand, the Defendant shall pay the guidance money immediately.” However, the Defendant was under the circumstance that the Defendant bears approximately KRW 40 million of personal debt without any particular property or income at the time, and there was no intention or ability to pay the guidance money properly even if the Defendant had the victim pay the guidance money instead of the Defendant’s payment.
As above, the Defendant: (a) by deceiving the victim and making the victim pay an amount of KRW 2.8 million on July 201, 201; (b) thereby releasing the Defendant from the obligation to pay an amount of KRW 2.8 million for the same month; and (c) obtained pecuniary profits equivalent to the same amount from that time to December 2011 by releasing the Defendant from the obligation to pay an amount of KRW 16.8 million on a monthly basis through the same six occasions during the period from that time to December 2011.
2. On April 201, the Defendant called the above victim at a place no more than 1, 201, no more than 40,000,000 won and called “the interest of 10,000 won per month shall be paid to the said victim.” The Defendant borrowed the loan from the lending company to the lender and the interest of 10,000 won per month shall be paid to the lender if he/she does not have the interest on the loan, and the principal shall be paid at any time when it is necessary.” However, the Defendant bears approximately KRW 40,00,000 for personal debt without any property or income at the time.