The Defendant, “2016 Highest 1448,” which was operated from around 2008, did not have an intent or ability to pay an ordinary fraternity from the time when he was paid to other successful bidders, etc., and continuously returned his personal debt to many members. The Defendant received a senior fraternity from some members in order to repay the said individual debt, and then paid a senior fraternity to some members, and the Defendant was in a situation of offsetting the individual debt against the fraternity members on behalf of the Defendant, so the maximum amount of the fraternity was required to be paid to the fraternity members in order to normally operate the fraternity and pay the fraternity to the fraternity. Since there was a large number of personal debt amounting to 70 million won, even if he was unable to receive the fraternity from the victim, the Defendant received the KRW 50,000 from the victim 20 on January 22, 2015 to 30,000 from the victim 16 on the day when he received the said KRW 30,500,000 from the victim 20.

The Defendant of the 2016 Highest 1628 [2016 Highest 1628] was running from 2008 due to the lack of financial resources such as other successful bidders, etc., so it continuously called ‘forception of prompt title'. In order to repay the above individual debt, the Defendant had some members receive senior fraternity payments in order to pay the said individual debt, and then had the Defendant offset the individual debt to the members of the fraternity on behalf of the Defendant. Thus, in order to operate the fraternity normally and pay the fraternity to the members of the fraternity.